HomeMy WebLinkAbout11-03-2021 Operations Committee Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order.
Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating
in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION
Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION
You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting
We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here.
Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting.
Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 776 683 271#
All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone
number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at:
https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance
of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into
the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS
For technical assistance before and during the meeting, please call 714-593-7431. For
any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San!
October 27, 2021
NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, November 3, 2021 – 5:00 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to
participate in this meeting is detailed in the Special Notice attached to
this agenda. In general, OC San offers several ways in which to interact
during meetings: you may join the meeting live via Teams on your
computer or similar device or web browser, join the meeting live via
telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
A regular meeting of the Operations Committee of the
Orange County Sanitation District will be held in the manner indicated herein
on Wednesday, November 3, 2021 at 5:00 p.m.
0 ~SAN 10844 Ellis Avenue
Fountain Valley, CA 92708
714.962.2411
ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov
Our Mission: To protect public health and the environment by
providing effective wastewater collection, treatment, and recycling.
Serving:
Anaheim
Brea
Buena Park
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Los Alamitos
Newport Beach
Orange
Placentia
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
County of Orange
Costa Mesa
Sanitary District
Midway City
Sanitary District
Irvine Ranch
Water District
Yorba Linda
Water District
OPERATIONS COMMITTEE MEETING DATE
BOARD MEETING DATE
11/03/21 11/17/21 *
12/01/21 12/15/21 *
JANUARY DARK 01/26/22
02/02/22 02/23/22
03/02/22 03/23/22
04/06/22 04/27/22
05/04/22 05/25/22
06/01/22 06/22/22
07/06/22 07/27/22
AUGUST DARK 08/24/22
09/07/22 09/21/22
10/05/22 10/26/22
* Meeting will be held on the third Wednesday of the month
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: November 3, 2021 Time: 5:00 p.m. Adjourn:
COMMITTEE MEMBERS (14)
Brooke Jones (Chair)
Ryan Gallagher (Vice-Chair) Doug Chaffee
Stephen Faessel
Johnathan Ryan Hernandez Steve Jones
Sandra Massa-Lavitt
Paulo Morales
Kim Nichols
Bob Ooten
Jesus J. Silva
Chad Zimmerman
John Withers (Board Chair)
Chad Wanke (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 7/13/2021 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 Paulo Morales 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, November 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.ocsan.gov
not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda
item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority
of the Board of Directors, are available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to
be considered or discussed. The recommended action does not indicate what action will be taken. The Board
of Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of
the meeting. 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@ocsan.gov at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, November 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. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the
meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during
the meeting.
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please
raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board
before or during the public comment period.
You may submit your comments and questions in writing for consideration in advance of the meeting by using the
eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to
OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to
your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment
feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for
the duration of the meeting.
All written public comments will be provided to the legislative body and may be read into the record or compiled as
part of the record.
REPORTS:
The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion,
without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in
the regular order of business.
1.2021-1922APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Special Meeting of the Operations Committee held October 6,
2021.
Originator:Kelly Lore
Page 1 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, November 3, 2021
Agenda Report
10-06-2021 Operations Committee Minutes
Attachments:
2.2021-1809OPERATIONS AND MAINTENANCE COATING REHABILITATION
PROGRAM ON-CALL SERVICE CONTRACT
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract for Operations and Maintenance Coating
Rehabilitation Program On-Call Services with Arena Painting Contractors Inc.,
per Specification No. S-2021-1264BD, for a total amount not to exceed
$628,182 per year, for the period of December 7, 2021 through December 6,
2022, with four optional, one-year renewals; and
B. Approve an annual contingency of $62,818 (10%).
Originator:Rob Thompson
Agenda Report
S-2021-1264BD Draft Contract
Attachments:
3.2021-1918PLANT NO. 2 TRICKLING FILTER PUMP STATION VARIABLE
FREQUENCY DRIVE REPLACEMENT
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract with Baker Electric for Plant No. 2 Trickling Filter
Pump Station Variable Frequency Drive Replacement, per Specification
S-2021-1273BD, for a total amount not to exceed $191,290; and
B. Approve a contingency of $19,129 (10%).
Originator:Rob Thompson
Agenda Report
S-2021-1273BD Draft Agreement
Attachments:
4.2021-1889QUARTERLY ODOR COMPLAINT REPORT
RECOMMENDATION:
Receive and file the Fiscal Year 2021-22 First Quarter Odor Complaint Report.
Originator:Rob Thompson
Agenda Report
FY 2021-22 1st Qtr Odor Complaint Report
Attachments:
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, November 3, 2021
5.2021-1891PLANT 2 PRIMARY EFFLUENT PUMP STATION PUMP #4 REBUILD
RECOMMENDATION:
A. Approve a Sole Source Purchase Order for Plant 2 Primary Effluent Pump
Station Pump #4 Rebuild to Vaughan’s Industrial Repair Co., Inc. for the rebuild
of one Fairbanks Morse vertical pump, for an amount not to exceed $134,030,
plus shipping; and
B. Approve a contingency of $13,403 (10%).
Originator:Rob Thompson
Agenda ReportAttachments:
6.2021-1912ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending September 30, 2021.
Originator:Kathy Millea
Agenda Report
CIP Contract Report
Attachments:
NON-CONSENT:
7.2021-1826PURCHASE OF INVENTORY CENTRIFUGE REPLACEMENT PARTS
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order to GEA Mechanical Equipment US Inc.
for the Purchase and Replenishment of Inventory Replacement Parts for
Thickening and Dewatering Centrifuges, for the period beginning December 1,
2021 through November 30, 2022, to maintain equipment warranty, for a total
amount not to exceed $1,116,000; and
B. Approve a contingency of $111,600 (10%).
Originator:Rob Thompson
Agenda ReportAttachments:
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, November 3, 2021
8.2021-1919SUPER CRITICAL WATER OXIDATION RESEARCH OPPORTUNITY
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement to 374Water Systems, Inc for the
Super Critical Water Oxidation Pilot at Plant No. 1, Project No. RE21-01, to
provide goods and services for demonstration of the 374Water AirSCWO Nix6
System, for an amount not to exceed $5,139,000; and
B. Approve contingency funds for Project No. RE21-01, for a combined total not to
exceed $514,000 (10%).
Originator:Rob Thompson
Agenda Report
RE21-01 Draft Agreement
Presentation - Super Critical Water Oxidation
Attachments:
INFORMATION ITEMS:
9.2021-1884HUMAN RESOURCES DEPARTMENT OVERVIEW
RECOMMENDATION:
Information Item.
Originator:Celia Chandler
Agenda ReportAttachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, November 3, 2021
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Operations Committee on December 1,
2021 at 5:00 p.m.
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1922 Agenda Date:11/3/2021 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 Special Meeting of the Operations Committee held October 6, 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 21-04
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Minutes of the Operations Committee meeting held October 6, 2021
Orange County Sanitation District Printed on 10/25/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, October 6, 2021
5:30 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A special meeting of the Operations Committee was called to order by Committee Chair
Brooke Jones on Wednesday, October 6, 2021, at 5:30 p.m. in the Administration Building of
the Orange County Sanitation District. Chair Jones announced that the meeting was being
held telephonically and via audio/video teleconferencing in accordance with California
Government Code Section 54953, Subdivision (b), Paragraph (3) due to the continued
Coronavirus Pandemic (COVID-19). Chair Jones announced the meeting guidelines and led
the flag salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Robert Ooten,
Jesus Silva, Chad Wanke and John Withers
ABSENT:Steve Jones, Paulo Morales, Kim Nichols and Chad Zimmerman
STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and
Mortimer Caparas were present in the Board Room. Rob Thompson, Assistant General
Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human
Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental
Services; Brian Bingman; Jennifer Cabral; Wai Chan; Tanya Chong; Raul Cuellar; Brian
Engeln; Dean Fisher; John Frattali; Tina Knapp; Anni Larkins; Joshua Martinez; Tom
Meregillano; Jeff Mohr; Jonathan Powell; Wally Ritchie; Thomas Vu; and Eros Yong were in
attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Director Art Brown were in
attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Jones did not provide a report.
General Manager Jim Herberg provided a report on the recent oil spill off Huntington Beach
and its affects on the Ocean Monitoring program.
Page 1 of 5
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes October 6, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1874
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held September
1, 2021.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Robert Ooten,
Jesus Silva, Chad Wanke and John Withers
NOES:None
ABSENT:Steve Jones, Paulo Morales, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
2.TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT
NO. 1, PROJECT NO. FE18-16
2021-1732
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Truck Loading
Basement Drain Modifications at Plant No. 1, Project No. FE18-16;
B. Award a Construction Contract to Metha Mechanical Company, Inc. for Truck
Loading Basement Drain Modifications at Plant No. 1, Project No. FE18-16, for
an amount not to exceed $162,500; and
C. Approve a contingency of $16,250 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Robert Ooten,
Jesus Silva, Chad Wanke and John Withers
NOES:None
ABSENT:Steve Jones, Paulo Morales, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
3.PLANT NO. 1 BUILDING A FEEDER CABLES REPLACEMENT
(MP-337)
2021-1828
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 2 of 5
OPERATIONS COMMITTEE Minutes October 6, 2021
A. Approve a Service Contract to AMTEK Construction for P1 Building A Feeder
Cables Replacement (MP-337), for 480V feeder cables, per Specification No.
S-2021-1261BD, for a total amount not to exceed $356,333; and
B. Approve a contingency of $35,633 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Robert Ooten,
Jesus Silva, Chad Wanke and John Withers
NOES:None
ABSENT:Steve Jones, Paulo Morales, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
4.MANHOLE CCTV CAMERA-COLLECTIONS 2021-1739
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Purchase Order to Plumbers Depot for the purchase of a Spider
Scanner System utilizing the HGAC Cooperative Contract No. SC01-21 for an
amount not to exceed $127,620, plus applicable tax and freight; and
B. Approve a 5% contingency of $6,381.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Robert Ooten,
Jesus Silva, Chad Wanke and John Withers
NOES:None
ABSENT:Steve Jones, Paulo Morales, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
NON-CONSENT:
5.SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1, PROJECT
NO. FE19-04
2021-1535
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a PowerPoint and introduction to the
item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 3 of 5
OPERATIONS COMMITTEE Minutes October 6, 2021
A. Receive and file Bid Tabulation and Recommendation for Sunflower Pump
Replacement at Plant No. 1, Project No. FE 19-04;
B. Award a Construction Contract to GSE Construction Company Inc. for Sunflower
Pump Replacement at Plant No. 1, Project No. FE19-04, for a total amount not
to exceed $2,123,200; and
C. Approve a contingency of $212,320 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Robert Ooten,
Jesus Silva, Chad Wanke and John Withers
NOES:None
ABSENT:Steve Jones, Paulo Morales, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
6.NEWHOPE-PLACENTIA TRUNK REPLACEMENT, SEGMENT B,
PROJECT NO. 2-72B
2021-1855
Originator: Kathy Millea
Engineering Manager Dean Fisher provided a PowerPoint presentation regarding the
need for the increased contingency.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a contingency increase of $1,164,840 (2%) to the Construction Contract with
Group OHL USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Project Nos.
2-72B and 2-72C, for a total construction contingency of $6,989,040 (12%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Robert Ooten,
Jesus Silva, Chad Wanke and John Withers
NOES:None
ABSENT:Steve Jones, Paulo Morales, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
INFORMATION ITEMS:
7.HUMAN RESOURCES: RISK MANAGEMENT 2021-1876
Originator: Celia Chandler
Safety and Health Supervisor John Frattali provided a PowerPoint presentation
reviewing the core business functions of the Risk Management Division.
Page 4 of 5
OPERATIONS COMMITTEE Minutes October 6, 2021
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
General Counsel Brad Hogin announced that Item CS-1 would not be heard this evening.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(2)
2021-1853
ITEM NOT HEARD
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Group OHL USA, Inc. regarding project
2-72B & C Newhope-Placentia Trunk Sewer Replacement
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Jones declared the special meeting adjourned at 6:20 p.m. to the next Regular
Operations Committee meeting to be held on Wednesday, November 3, 2021 at 5:00 p.m..
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1809 Agenda Date:11/3/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
OPERATIONS AND MAINTENANCE COATING REHABILITATION PROGRAM ON-CALL
SERVICE CONTRACT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract for Operations and Maintenance Coating Rehabilitation Program
On-Call Services with Arena Painting Contractors Inc., per Specification No. S-2021-1264BD,
for a total amount not to exceed $628,182 per year, for the period of December 7, 2021
through December 6, 2022, with four optional, one-year renewals; and
B. Approve an annual contingency of $62,818 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) facilities are exposed to corrosive atmospheres
associated with a wastewater environment and proximity to the ocean. To protect metal and other
vulnerable materials from this corrosive environment, it is necessary to provide periodic maintenance
coatings to exposed surfaces. The application of maintenance coatings allows for extended useful
life of these assets and prevents corrosion-related failures.
RELEVANT STANDARDS
·Maintain a proactive asset management program
·Protect OC San assets
PROBLEM
Non-critical/routine coatings are applied by Facility Maintenance staff. Large or complex coating
projects requiring large crews and specialty equipment are beyond the capability of OC San staff.
These jobs are currently bid out project by project. This bidding process is costly and time-
consuming.
Orange County Sanitation District Printed on 10/25/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1809 Agenda Date:11/3/2021 Agenda Item No:2.
PROPOSED SOLUTION
Due to the numerous assets in the treatment plants and pump stations requiring preventative and
corrective coatings maintenance,a programmatic approach utilizing external resources is required to
ensure timely and regular coating applications.The services of a qualified on-call coating contractor
are recommended to meet this need.
Staff recommends moving to a more streamlined On-Call Services Contract approach for
maintenance coating application.This approach will decrease cost by taking advantage of
economies of scale,reduce costs associated with multiple procurements,and decrease the time
required to start individual coating tasks.The unit pricing with estimated quantities approach allows
for competitive bidding annually rather than bidding custom specifications on a task-by-task basis.
Staff recommends Arena Painting Contractors Inc.be awarded the Operations and Maintenance
Coating Rehabilitation Program On-Call Services Contract to perform coating services at the
treatment plants and pump stations.
TIMING CONCERNS
Timely approval of the Service Contract will reduce procurement costs and enable periodic coating
required for the preservation of OC San assets,improving longevity and mitigating potential asset
failures due to structural corrosion.
RAMIFICATIONS OF NOT TAKING ACTION
There will be a need to allocate additional in-house resources to meet the maintenance coating
needs as allowing the assets to corrode is generally not an option.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San issued a Notice Inviting Bids on July 30,2021,for the Operations and Maintenance Coating
Rehabilitation Program On-Call Contractor Services,per Specification No.S-2021-1264BD.Three
sealed bids were received on August 31,2021.The bids were evaluated in accordance with OC San
policies and procedures. Summary information of the bids received is as follows:
Bidder Amount
Arena Painting Contractors Inc.$628,181.60
Cor-Ray Painting Co.$884,166.40
Shimmick Construction, Inc.$6,664,778.00
Staff recommends approving the service contract with the lowest responsive and responsible bidder,
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File #:2021-1809 Agenda Date:11/3/2021 Agenda Item No:2.
Staff recommends approving the service contract with the lowest responsive and responsible bidder,
Arena Painting Contractors Inc.,for the Operations and Maintenance Coating Rehabilitation Program
On-Call Contractor Services.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the OC San Purchasing Ordinance.This
recommendation will be funded under the Repair and Maintenance line item for Operations and
Maintenance Department (Budget Update -Fiscal Year 2021-2022,Page 45).The available funding
is sufficient for this action.
Date of Approval Contract Amount Contingency
11/17/2021 $628,182 $62,818 (10%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Service Contract
RM:jf:ab:gc
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Orange County Sanitation District 1 of 9 Specification No.S-2021-1264BD Revision 031021
SERVICE CONTRACT Operations and Maintenance Coating Rehabilitation Program On-Call Contractor Services Specification No. S-2021-1264BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and [ ] with a principal place of business at [ ] (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H WHEREAS, OC San desires to temporarily retain the services of Contractor for Operations and Maintenance Coating Rehabilitation Program On-Call Contractor Services as described in Exhibit “A”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56; and
WHEREAS, on [____________________], the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services,
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.1 The term “Task Order”, when referenced under this Contract, shall mean an order issued by the OC San Project Manager or designee for a specific scope of work.
1.2 Task Orders issued under this Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order.
1.3 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein.
Exhibit “A” Scope of Work Exhibit “B” Proposal Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies Exhibit “F” General Conditions 1.1 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract is set forth below:
.... ....
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a. Addenda issued prior to opening of Bids – the last in time being the first in precedence b. Service Contract
c. Exhibit “F” General Conditions d. Exhibit “C” Determined Insurance Requirement Form e. Exhibit “D” Contractor Safety Standards
f. Permits and other regulatory requirements g. Exhibit “E” Human Resources Policies h. Individual Task Orders, Inclusive of Task Order Scopes of Work i. Exhibit “A” Scope of Work j. Exhibit “B” Bid Price Form 1.2 The provisions of this Contract and attachments hereto are applicable at the Task Order level. 1.3 The provisions of this Contract and provisions of the Task Orders may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.4 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.5 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.6 Contractor shall provide OC San with all required premiums and/or overtime work at no charge
beyond the price provided under “Compensation” below. 1.7 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed [ ______ ] Dollars ($[_________].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 OC San and/or general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations.
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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). 3.5 In addition, refer to General Conditions, Exhibit “F”, GC-4, LAWS TO BE OBSERVED.
4. Payments and Invoicing 4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project Manager or designee, of itemized invoices submitted for Task Orders completed in accordance with Exhibit “A” and the individual Task Order. OC San, 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 OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and Specific Task Order Number shall be referenced in the subject line. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by
Contractor pursuant to this Contract. 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 OC San at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The Services provided under this Contract shall be completed within 365 calendar days from the effective date of the Notice to Proceed. 9. Renewals 9.1 OC San may exercise the option to renew this Contract for up to four (4) one-year periods, under the terms and conditions contained herein. OC San shall make no obligation to renew nor give reason if it elects not to renew.
9.2 This Contract may be renewed by OC San Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. In addition, refer to General Conditions, Exhibit “F”, GC-27, EXTENSION OF TIME FOR DELAY.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination 12.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon
receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) 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
Orange County Sanitation District 4 of 9 Specification No.S-2021-1264BD Revision 031021
OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination.
12.2 OC San reserves the right to terminate this Contract immediately upon OC San’s determination that Contractor is not complying with the Scope of Work requirements, if the level of service is
inadequate, or any other default of this Contract. 12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; 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 OC San property in the possession or control of Contractor shall be returned by Contractor
to OC San upon demand, or at the termination of this Contract, whichever occurs first.
13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life
of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed 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 OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required
insurance coverage shall result in termination of this Contract. 14. Bonds – Not Used
15. 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 OC San, Contractor shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any
nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor 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 OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San.
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16. Contractor Safety Standards and Human Resources Policies OC San requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and
local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to the Safety requirements in Exhibit “A”, all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”. 17. Warranties - Refer to General Conditions, Exhibit “F”, GC-19 WARRANTY
(CONTRACTOR’S GUARANTEE). 18. Liquidated Damages – Not Used
19. 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. 20. 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.
21. 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 OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San. 22. 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. In addition, refer to General Conditions, Exhibit “F”, GC-35,
STORMWATER REQUIREMENTS. 23. 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.
24. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor.
25. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's
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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.
26. Contractor’s Employees Compensation - In addition, refer to General Conditions,
Exhibit “F”, GC-4, LAWS TO BE OBSERVED 26.1 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. 26.2 General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies
of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will
have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request.
26.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, 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. 26.4 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.
26.5 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 OC San as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (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. 26.6 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,
Orange County Sanitation District 7 of 9 Specification No.S-2021-1264BD Revision 031021
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. 27. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
28. 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. 29. Breach The waiver of either party of any breach or violation of, or default under, any provision
of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights
to seek remedies available to it for any subsequent breach. 30. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages.
31. Dispute Resolution - Refer to General Conditions, Exhibit “F”, GC-25, DISPUTES
32. Attorney’s Fees - Refer to General Conditions, Exhibit “F”, GC-24, CLAIMS 33. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 34. 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.
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35. Damage to OC San’s Property Any of OC San’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 OC San. In addition, refer to General Conditions, Exhibit “F”, GC-9, PRESERVATION OF PROPERTY.
36. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San.
37. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees. 38. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void.
39. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
40. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor,
or for breach of any obligation for the terms of this Contract.
41. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 42. 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.
43. Entire Agreement 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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44. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder
shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Darius Ghazi, Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: [Contact Name] [Contact Title] [Company Name] [Street Address] [City, State, Zip Code]
Each party shall provide the other party written notice of any change in address as soon as practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ John B. Withers Chair, Board of Directors Dated: _________________ By: ___________________________________ Kelly A. Lore
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun Purchasing & Contracts Manager
[CONTRACTOR] Dated: _________________ By: ___________________________________
______________________________________ Print Name and Title of Officer CMM
EXHIBIT A Specification No. S-2021-1264BD
EXHIBIT A TECHNICAL SPECIFICATIONS For Operations and Maintenance Coating Rehabilitation Program On-Call Contractor Services
EXHIBIT A
Scope of Work (SOW) / Technical Specifications
Operations and Maintenance Coating Rehabilitation Program
On-Call Contractor Services
Specification No. S-2021-1264BD
Table of Contents
1. ORGANIZATIONAL INFORMATION..................................................................................................... 2
2. SUMMARY ............................................................................................................................................. 2
3. PROJECT DESCRIPTION AND PROJECT ELEMENTS ..................................................................... 4
3.1. GENERAL PROJECT DESCRIPTION ............................................................................................ 4
3.2. PROJECT ELEMENTS .................................................................................................................. 11
PROJECT ELEMENT 1 – SOLVENT CLEANING BY 3,000—5,000 PSI WATER JETTING WITH CLEANER AND SURFACE SMOOTHING ....................................................................................................... 11
PROJECT ELEMENT 2 – EXTERIOR SPOT-COATING SYSTEM (GOOD EXISTING-CONDITION SURFACES)12
PROJECT ELEMENT 3 – EXTERIOR SPOT-COATING SYSTEM (POOR EXISTING-CONDITION SURFACES)12
PROJECT ELEMENT 4 – EXTERIOR EPOXY INTERMEDIATE- AND TOP-COATING EXTERIOR SURFACES 12
PROJECT ELEMENT 5 – PRIME COAT INTERIOR SURFACES (GOOD EXISTING-CONDITION SURFACES) . 12
PROJECT ELEMENT 6 – PRIME COAT INTERIOR SURFACES (POOR EXISTING-CONDITION SURFACES) . 12
PROJECT ELEMENT 7– EPOXY TOP-COAT INTERIOR SURFACES WITH EPOXY SYSTEM ..................... 13
PROJECT ELEMENT 8– POLYMER COMPOSITE SYSTEM .................................................................... 13
PROJECT ELEMENT 9 –STATE OF CALIFORNIA CA TITLE 22 CAM 17 TTLC 66261.24 METALS TESTING ........................................................................................................................................ 13
PROJECT ELEMENT 10 –PERMIT-REQUIRED CONFINED SPACE ENTRY ............................................. 13
PROJECT ELEMENT 11 –DUST CONTROL AND CONTAINMENT FOR ABRASIVE BLASTING OPERATIONS13
PROJECT ELEMENT 12 –SCAFFOLDING ........................................................................................... 13
4. PROJECT MANAGEMENT ................................................................................................................. 14
5. PROJECT SCHEDULE ........................................................................................................................ 14
6. SAFETY AND HEALTH REQUIREMENTS ......................................................................................... 14
7. CONSTRUCTION AND INSTALLATION SERVICES ......................................................................... 16
8. WORK HOURS/NOISE REQUIREMENTS .......................................................................................... 16
9. TRAFFIC CONTROL ........................................................................................................................... 16
10. SPILL REPORTING AND HANDLING ................................................................................................ 16
11. RESEALING MANHOLE COVERS ..................................................................................................... 17
12. FOCUS MEETINGS ............................................................................................................................. 17
13. MANAGEMENT OF SUBCONTRACTORS ......................................................................................... 17
Exhibit A Page 2 of 17 Specification No. S-2021-1264BD
1. ORGANIZATIONAL INFORMATION
Orange County Sanitation District (OC San) is a governmental agency responsible for wastewater
treatment for metropolitan Orange County, California. It has been in existence since 1954 and is the
third largest wastewater treatment agency west of the Mississippi River. OC San’s Plant 1 and
Administrative Offices are located at 10844 Ellis Avenue, Fountain Valley, and Plant 2 is located at
22212 Brookhurst Street, Huntington Beach. Pump stations are located throughout the OC San
Orange County service area.
2. SUMMARY
2.1. This scope of work is for on-call Contractor support services related to coatings rehabilitation
maintenance as part of the OC San Coatings Rehabilitation Program of OC San assets including,
but not limited to: pipelines, bridges, catwalks, clarifiers, rake arms, digesters, mixers, volutes,
pumps, off-site pump stations, and other structures to be determined by the OC San Project
Manager (Project Manager). The Contractor shall provide all personnel and equipment for as-
needed coating-repair of OC San assets including performing maintenance tasks such as cleaning,
surface preparation, permit-required confined-space entry, substrate soluble-salt and coatings
metals testing, scaffolding, painting, dust control and containment, ventilation, incidental
repairs, inspection, and QC testing in order to perform the related coating-repair work in
quantities defined by and as directed by the Project Manager within individually issued Task
Orders.
2.2. Required services include, but are not limited to the following:
2.2.1. SSPC-SP 1 Solvent Cleaning by 3,000—5,000 psi water jetting with alkaline cleaner.
2.2.2. Surface smoothing of slag, weld spatter, and sharp edges.
2.2.3. Testing of surfaces for soluble salts and removal of salts detected.
2.2.4. Spot-coat coating system of exterior surface of bare and corroded areas with 6-mil dry-film
thickness epoxy system including SSPC-SP 2 and 3 Hand and Power Tool cleaning surface
preparation, and all associated work.
2.2.5. Epoxy intermediate coat exterior surfaces with 6-mil dry-film thickness epoxy and 3-mil dry-
film thickness polyurethane topcoat and all associated work.
2.2.6. Prime coat interior surfaces with 6-mil dry-film thickness epoxy, including SSPC-SP 10 White
Metal Blast Cleaning surface preparation with non-silica abrasive, dust control and
containment, and associated work, and epoxy top coat interior surfaces with 6-mil dry-film
thickness epoxy.
2.2.7. Two-component, 100 percent solids polymer composite epoxy system which can be
machined, drilled, tapped, filed, sanded, and polished, applied over SSPC-SP 10 White
Metal Blast Cleaned surface preparation to retore surfaces to original profile.
2.2.8. For surfaces where existing coatings are being removed, testing of coatings per CA Title 22
CAM 17 TTLC Section 66261.24 of coatings for metal present including collection and
placement of materials in OC San-provided containers. Contract for the services of
EnviroMatrix Analytical, Inc., 4340 Viewridge Avenue, Suite A, San Diego, CA 92123 (858-
560-7717), Xenco Laboratories, 4143 Greenbriar Drive, Stafford, TX 77477 (281-240-4200)
or a similar laboratory services firm, to provide collection of the sample, analysis of metals
per the standard, and submission of test results to the Project Manager. A test shall be
Exhibit A Page 3 of 17 Specification No. S-2021-1264BD
made on each 2,000 square-foot area for each Task Order, with at least one test required
for each Task Order. If elevated metals are detected that require special disposal
requirements, the Project Manager shall be notified. As directed, for surfaces to be
prepared per SSPC-SP 2/3, remove coating collect and contain removed paint, and place in
container provided by OC San. For surfaces to be prepared per SSPC-SP 10, first remove
coating using SSPC-SP 11 Power Tool Cleaning to White Metal, collect and contain removed
paint, and place in container provided by OC San.
2.2.9. Dust Control and containment (visible emissions from dust producing operations restricted
to no greater than Level 1 (1% of work day) as defined in SSPC Guide 6, with assessed visible
emissions per 40 CFR60, App A, Method 22)
2.2.10. Dewatering immediate work areas and associated work areas of minor water.
2.2.11. Complying with the Safety and Health Requirements as detailed.
2.2.12. Water jetting structure cleaning prior to OC San assessments and Contractor painting work.
2.2.13. Ensuring all surfaces subject to painting are clean and free of dust.
2.2.14. Debris, grit and rag removal of minor quantities prior to OC San assessments and Contractor
painting work.
2.2.15. Welding and minor fabrication work per Project Manager direction, as associated with
painting work.
2.2.16. Complete coatings quality control (QC) inspection devices and standards for use in
Contractor testing, complete Contractor QC testing, and devices made available to OC San
for their quality assurance (QA) testing.
2.2.17. Re-labeling of structures and pipes in kind, matching existing colors.
2.2.18. Crevice filling with elastomeric sealant to provide smooth coating services.
2.2.19. Matching existing colors for structures to be painted, noting that colors may not be
standard colors of manufacturers.
2.3. The Contractor shall at all times provide services to ensure compliance with OC San standards. It
is anticipated that the Contractor will subcontract with suitably qualified and approved specialist
companies as necessary for the provision of specific services and equipment as needed to
augment the directly provided services.
2.4. The Contractor shall submit documentation showing they possess valid SSPC-QP1 certification
and Class C-33 Painting and Decorating Contractors license Per Title 16, Division 8, Article 3 of the
California Code of Regulations for the full duration of the contract.
2.5. Contractor shall provide five (5) references that show that they have previous successful
experience with the specified or comparable coating systems. Contractor shall include the name,
address, and the telephone number for the owner of each installation for which the painting
Contractor provided the protective coating. Contractor shall provide to the Project Manager
documentation that they comply with these requirements prior to the application of coatings.
Exhibit A Page 4 of 17 Specification No. S-2021-1264BD
3. PROJECT DESCRIPTION AND PROJECT ELEMENTS
3.1. GENERAL PROJECT DESCRIPTION
3.1.1. The purpose of this project is to provide OC San with on-call Contractor-support services
detailed in Project Elements and summarized in defined Task Orders issued by, and with
unit quantities set, by the Project Manager, to provide coating rehabilitation of OC San
assets and carry out minor repairs related to its Coatings Rehabilitation Program. All costs
for work outlined in this scope-of-work shall be incorporated into Project Elements and
other unit-cost items by the Contractor per the unit rates submitted per Exhibit B (Bid
Price Form). Note that there are services listed below that are to be provided by the
Contractor at no additional cost, though not specifically called out in Project Elements.
3.1.2. The level of Contractor work will vary for each Task Order structure to be coated
depending upon the specific facility and the planned level of coating that is either desired
or is practical. In all instances, the coating rehabilitation work and quantities of Project
Elements will be directed by the OC San Project Manager.
3.1.3. The Contractor shall provide the required coating rehabilitation work as determined on a
case-by-case basis, defined in each numbered Task Order. All subcontractors will be
approved by the OC San Project Manager prior to performing any services under this
contract.
3.1.4. The extant coatings shall generally be assumed to be intact two-coat epoxy with
polyurethane topcoat totaling and average 20-mil thickness, per SSPC-PA 2, with ASTM
D6677 Rating 10 adhesion.
3.1.5. For each Task Order the Project Manager will outline the coating rehabilitation work that
must be provided by the Contractor and the schedule for providing those services. Cost
for each Task Order will be aggregated by the Project Manager per the Projects Elements
and Contractor-submitted unit-cost items per Exhibit B, Bid Price Form. It is also
anticipated that the Contractor will provide input into, and prepare, a detailed work plan
in order to optimize the coating rehabilitation work. This will involve preliminary focus
meetings and job walks with the Project Manager to finalize the requirements to perform
the required coating rehabilitation work of each Task Order. The cost for such measures
shall be incorporated into unit costs for Project Elements at no additional cost.
3.1.6. The Contractor shall provide the following services:
3.1.6.1. Water Jetting with Cleaner and Surface Smoothing—SSPC-SP 1 (Steel Structures
Painting Council) SSPC- SP 1 Solvent Cleaning by 3,000–5,000 psi water jetting
with suitable, approved, alkaline cleaner prior to surface preparation and coating.
Provide dust control and containment, disposal of materials, and all labor,
materials, and equipment. Slag, weld spatter, or sharp edges such as those
created by welding, flame cutting and shearing from retrofitting or that is not
previously removed by the fabricator at the defective coating areas requiring
repair shall be removed by chipping and/or grinding. All sharp edges shall be
peened, ground or otherwise blunted to 1/8-inch radius as required by the
Project Manager in accordance with NACE SP0178. The rolled edges of angles,
channels, and wide flange beams do not normally require further rounding unless
specifically directed by the Project Manager. Assume up to 15 square feet of weld
Exhibit A Page 5 of 17 Specification No. S-2021-1264BD
spatter requiring removal per 1,000 square feet of cleaned surface, and up to 20
lineal feet of sharp edges requiring rounding as described per 1,000 square feet of
cleaned surface.
3.1.6.2. Soluble Salt Testing—After solvent cleaning by high pressure (3,000–5,000 psi)
water jetting, use of alkaline cleaning of the surface and SSPC-SP 2/3 or 10 surface
preparation, test exposed-metal surfaces for soluble salts using Chlor*Test CSN
Salts, Chlor*Rid International, or equal, and the surfaces shall have a
concentration of less than 5 micrograms per square centimeter (µg/cm2) of each
of chlorides, sulfates, and nitrates. Conduct a test for each 1,000 square feet and
a minimum of one test per Task Order. If the soluble salt test indicates chloride,
sulfate, or nitrate concentrations greater than those outlined in these
specifications, use Chlori*Wash, as manufactured by Chlor*Rid International or
equal, in the water source during water cleaning to remove the salts from the
substrate, for the entire surface that is tested. A substrate’s surface preparation
will be accepted once the soluble salt concentration is below the specified level.
These are services to be provided by the Contractor at no additional cost, though
not specifically called out in Project Elements.
3.1.6.3. Exterior Spot-Coating-Good to Poor Existing Surface Condition—Spot coat system
(on SSPC-Vis 3 Initial condition E or G, as defined) for exterior surfaces of
corroded areas with 6-mil dry-film thickness Carboline Carboguard 890 VOC,
Tnemec Series L69L Hi-Build Epoxoline II, Sherwin Williams Macropoxy 646, or
equal, epoxy system, including SSPC-SP 2 and 3 Hand Tool and Power Tool surface
preparation, dust control and containment, coating, curing, testing, disposal of
materials, and all labor, materials, equipment.
3.1.6.4. Exterior Surface Intermediate- and Top-Coating—Epoxy intermediate and top
coat exterior surfaces with 6-mil dry-film thickness epoxy Carboline Carboguard
890 VOC, Tnemec Series L69F Hi-Build Epoxoline II, Sherwin Williams Macropoxy
646, or equal system, including SSPC-SP 2 and 3 Hand Tool and Power Tool
surface preparation, dust control and containment, coating, curing, testing,
disposal of materials, and all labor, materials, equipment. Polyurethane top coat
3-mil epoxy dry-film thickness polyurethane system with Carboline Carbothane
134 MC, Tnemec EnduraShield Series 1095, Sherwin Williams Acrolon 100
urethane, or equal, top coat including coating, curing, testing, containment,
disposal of materials, and all labor, materials, equipment. Match existing labeling
on structures and pipelines in existing color using appropriate stenciling,
assuming up to 400 characters, up to two-inch character height, per 1,000 square
feet of surface coated.
3.1.6.5. Interior Surface Prime-Coating-Good to Poor Existing Surface Condition—Prime
coat (on SSPC-Vis 1 Initial condition G1 or G3, as defined) interior surfaces with 6-
mil dry-film thickness Carboline Carboguard 890 VOC, Tnemec Series L69F Hi-
Build Epoxoline II, Sherwin Williams Macropoxy 646, or equal, epoxy system
including SSPC-SP 10 White Metal Blast Cleaning surface preparation of all
surfaces, grinding, curing, testing, ventilation, dust control and containment,
disposal of materials, and all labor, materials, equipment, and minor dewatering.
3.1.6.6. Interior Surface Top-Coating—Epoxy top coat interior surfaces with 6-mil dry-film
thickness Carboline Carboguard 890 VOC, Tnemec L69F Hi-Build Epoxoline II,
Exhibit A Page 6 of 17 Specification No. S-2021-1264BD
Sherwin Williams Macropoxy 646, or equal, epoxy system coating, curing, testing,
dust control and containment, disposal of materials, and all labor, materials,
equipment, and minor dewatering.
3.1.6.7. Polymer Composite System—Two-component, 100 percent solids multi-purpose
polymer composite epoxy system, Belzona 1111 Super Metal, Enecon Duralloy
Metalclad DurAlloy, ARC 10 Machinable Polymer, or equal, which can be
machined, drilled, tapped, filed, sanded, and polished, applied at up to 250-mil
minimum dry-film thickness in one application to restore original surface profile,
applied over SSPC-Vis 1 Initial Condition G3 with SSPC-SP 10 Near White Metal
Blast Cleaning using non-silica abrasive surface preparation, grinding, dust control
and containment, curing, disposal of materials, and all labor, testing (including
soluble salts), materials, and equipment.
3.1.6.8. State of California CA Title 22 CAM 17 TTLC per Section 66261.24 testing of
surfaces to be subjected to SSPC-SP 2/3 Hand and Power Tool Cleaning, and if any
elevated metals are present exceeding the standard, Contractor providing for
removal, collection and placement in OC San-provided containers, for disposal of
materials by OC San. For surfaces to be subjected to SSPC-SP 10 White Metal Blast
Cleaning, if the above testing indicates any elevated metals are present exceeding
the standard, Contractor first providing for removal, collection and placement by
SSPC-SP 11 Power Tool Cleaning to White Metal, and removed coatings
placement in OC San-provided containers.
3.1.6.9. Dust Control and containment of visible emissions from dust producing
operations restricted to no greater than Level 1 (1% of work day) as defined in
SSPC Guide 6, with assessed visible emissions per 40 CFR60, App A, Method 22).
Enclosure for dust control and containment shall be provided for basins and other
structures undergoing abrasive surface preparation that will include, when
needed, enclosure for entry points and also complete enclosure of open basins
and other structures for the duration of the operations. When dust control and
containment is only needed for manway or hatched entry points not exceeding
100 square feet, the dust control and containment shall be included in the unit
price of that Project Element of work, at no additional cost. Dust control and
containment for hand-tool and power-tool prepared surfaces and surfaces being
prepared for polymer-composite system application shall be included in the unit
cost for that Project Element of work, at no additional cost.
3.1.6.10. Confined space entry implementation provided by the Contractor and for OC San
staff, per the Safety and Health Requirements.
3.1.6.11. Scaffolding for access to surfaces for cleaning, surface preparation, coatings and
inspections by Contractor QC staff and OC San designated staff, per Safety and
Health Requirements.
3.1.6.12. The Contractor shall provide coatings quality control (QC) inspection devices and
standards for use in Contractor testing, complete Contractor QC inspection,
testing and reports, and make available to OC San for their quality assurance (QA)
testing all devices and instruments. These are services to be provided by the
Contractor at no additional cost, though not specifically called out in Project
Exhibit A Page 7 of 17 Specification No. S-2021-1264BD
Elements. Contractor provided devices, testing, inspection, and reports shall
consist of:
3.1.6.12.1. The Contractor shall furnish inspection devices in good working condition
for the evaluation of surface preparation, presence of chlorides and deleterious
surface salts, detection of holidays, psychrometer, US Chamber of Commerce
Weather Bureau psychrometric tables, magnetic contact or infrared surface
temperature thermometer, surface-profile condition comparator, replicator or
profilometer, SSPC-Vis 1 and 3 standards, wet film thickness gage dry film
thickness gages for ferrous metallic, nonferrous metallic and nonmetallic
substrates, and high and low voltage holiday test units. Wet and dry-film
thickness gauges shall be made available for OC San use at all times. Holiday
detection devices shall be operated by the Contractor only in the presence of the
Project Manager or their designee.
3.1.6.12.2. The Contractor shall holiday test all coated metallic surfaces in the
presence of the Project Manager per NACE SP0188 and ASTM D5162 for metallic
substrates and ASTM D4787 for nonmetallic substrates. All areas containing
holidays shall be marked and repaired or recoated in accordance with the
coating manufacturer's printed instructions and these specifications, and then
retested. Coatings with a dry film thickness of 20 mils or less: use Tinker & Rasor
Model M1, K-D Bird Dog, or equal, operating at less than 100 volts. The coating
shall be sufficiently cured prior to testing. A non-sudsing-type wetting agent,
such as Kodak Photo-Flo, or equal, may be added to the water prior to wetting
the detector sponge upon approval of the Project Manager.
3.1.6.12.3. On each ferrous, nonferrous, and nonmetallic substrate to be coated,
both wet-film coating thickness and dry-film coating thickness shall be measured
at sufficient representative locations. The wet-film coating thickness shall be
measured during application of each coat per ASTM D4414. Dry film thickness
shall be measured on each coat following cure and following application of final
coat, per manufacturer’s recommendation, with non-destructive film thickness
gauge per ASTM D7091. On ferrous metals, the dry-film coating thickness shall
be measured in accordance with SSPC-PA 2. The sampling of film thickness of
structural members or irregular surfaces shall be tested in frequency and
locations to a modified version of SSP-PA 2, as determined by the Project
Manager.
3.1.6.12.4. On all areas to receive coating, Contractor shall measure and record
environmental conditions consisting of surface temperature, ambient
temperature, and dewpoint temperature just prior to coating, and not proceed
with coating unless or until surface temperature is more than 5oF above
dewpoint temperature on all surfaces to be coated.
3.1.6.12.5. Measurement of bond strength of the protective coating applied to the
substrate shall be per ASTM D4541 by the Contractor and in the presence of the
Project Manager. Testing is required on the first 100 square-foot area of each
Task Order, and on each subsequent 1,000 square-foot area of each Task Order,
representative of the coating in that area. Score samples prior to testing down to
substrate. The final number of locations on the coated areas to be tested, and
the area that each test is to cover, shall be defined by the Project Manager after
Exhibit A Page 8 of 17 Specification No. S-2021-1264BD
application of the coating. Fix 20 mm dollies and pull in accordance with ASTM
D4541 using a Type II (test Method B) Adhesion tester, such as an elcometer 106
instrument, or equal. Use an elcometer 108 Type II gauge, or equal, for curved
and convex surfaces. The coating shall be tested following the epoxy coating
application, and shall exceed 700 psi for coated steel surfaces. For each test that
fails in a represented area, two additional tests shall be performed in the same
area as chosen by the Project Manager. Further adhesion tests may be
performed by the Project Manager or their designee to determine the extent of
potentially deficient bonded areas in the designated area, with attendant repairs
of the dolly test sites by the Contractor in accordance with the coating
manufacturer’s recommendations and these specifications. If two consecutive
dollies in the same area tests fail, the coating in that complete defined area shall
be removed and replaced at the expense of the Contractor. Adhesion testing
shall then be completed on the replaced coating in accordance with these
requirements.
3.1.6.12.6. After solvent cleaning by high pressure (3,000–5,000 psi) water jetting,
use of alkaline cleaning of the surface and SSPC-SP 2/3 or 10 surface preparation,
test exposed-metal surfaces for soluble salts using Chlor*Test CSN Salts,
Chlor*Rid International, or equal. Surfaces shall have a concentration of less than
5 micrograms per square centimeter (µg/cm¬2) of chlorides, sulfates, and
nitrates. Conduct a test for each 1,000 square feet and a minimum of one test
per Task Order. If the soluble salt test indicates chloride, sulfate, or nitrate
concentrations greater than those outlined in these specifications, use
Chlori*Wash, as manufactured by Chlor*Rid International or equal, in the water
source during water cleaning to remove the salts from the substrate, for the
entire surface that is tested. A substrate’s surface preparation will be accepted
once the soluble salt concentration is below the specified level.
3.1.6.12.7. If directed by the Project Manager, the Contractor shall destructively test
the coating in accordance with ASTM D4138 with an instrument such as a Tooke
Gage to determine the dry-film coating thickness. Repairs to the coating
following the destructive testing shall be by the Contractor. The Contractor shall
assume that up to 20 locations will be tested in this manner for each Task Order.
3.1.6.12.8. Surface Preparation: Evaluation of abraded-cleaned metallic surface
preparation work will be based upon comparison of the blasted surfaces with the
standard SSPC-Vis 3 Guide and Reference Photographs for Steel Surfaces
Prepared by Power and Hand Tool Cleaning, and SSPC-Vis 1 Guide and Reference
Photographs for Steel Surfaces Prepared by Dry Abrasive Blast Cleaning, and as
described herein. The Contractor shall provide samples for comparison.
3.1.6.12.9. For each day of work, the Contractor shall provide a complete daily
coatings test report for all elements listed above including, though not limited to:
environmental conditions, wet and dry-film thickness, surface-profile visual
standards condition, holiday testing, soluble salt levels, destructive testing,
adhesion testing, and supporting photographs, by 9 am the next business day
and prior to continuation of follow-on work. The daily report shall contain the
specified value, the actual measured value, whether or not it is acceptable, and,
if unacceptable, the details of the repair or disposition. Following completion of
Exhibit A Page 9 of 17 Specification No. S-2021-1264BD
each Task Order, provide a compiled, complete report of all testing,
electronically and in hard copy.
3.1.6.13. Provide SCBA/SABA (self-contained breathing apparatus/supplied-air breathing
apparatus) equipment where required, for all confined space entrants and for
emergency rescue crew, and for OC San entrants, per Safety and Health
Requirements. These are services to be provided by the Contractor at no
additional cost, though not specifically called out in Project Elements.
3.1.6.14. Forced-air ventilation plan and implementation per Safety and Health
Requirements. These are services to be provided by the Contractor at no
additional cost, though not specifically called out in Project Elements.
3.1.6.15. All personnel on site, at all times, shall comply with applicable safety provisions
per the Safety and Health requirements, including donning four-gas air monitors.
These are services to be provided by the Contractor at no additional cost, though
not specifically called out in Project Elements.
3.1.6.16. For work locations requiring it, confined space entry and support for Contractor
and up to two OC San personnel, per Safety and Health Requirements. These are
services to be provided by the Contractor at no additional cost, though not
specifically called out in Project Elements.
3.1.6.17. Provision of submersible or grade-mounted pumps of appropriate rating and
capacity to dewater the identified structures of minor quantities for coating
rehabilitation work, up to 500 gallons per Task Order, and disposed of at Plant 1
Decant. These are services to be provided by the Contractor at no additional cost,
though not specifically called out in Project Elements.
3.1.6.18. Debris and rag removal prior to coating rehabilitation work using vacuum
excavation equipment (e.g., Vactors) or other approved equipment, up to 20
gallon volume per 1,000 square feet of coating work. These are services to be
provided by the Contractor at no additional cost, though not specifically called
out in Project Elements.
3.1.6.19. Contractor shall, prior to arrival on site and commencement with each Task
Order, provide submittals and receive acceptance by the OC San Project Manager.
The Contractor shall maintain hard- and electronic-copies of all submittal data at
all times, make submittals available to the Project Manager during the course of
the project on a daily basis, and provide a complete hard-copy and electronic
copy of submittals to the Project Manager at the completion of each Task Order.
These are services to be provided by the Contractor at no additional cost, though
not specifically called out in Project Elements. Submittals shall be provided for:
3.1.6.19.1. Safety-Related Submittals shall be submitted to OC San Safety
Representative and Project Manager and include:
3.1.6.19.1.1. Injury and Illness Prevention Program (IPP) per Safety and Health
Requirements.
3.1.6.19.1.2. SSSP (site-specific safety plans) for coatings operations that
includes processes of access, surface preparation, and coating application
for each specification applied.
Exhibit A Page 10 of 17 Specification No. S-2021-1264BD
3.1.6.19.1.3. Fall protection to be used, including configuration and
certifications.
3.1.6.19.1.4. Scaffolding equipment to be used, including configuration and
certifications.
3.1.6.19.1.5. Respiratory protection equipment to be used, configuration, and
certification.
3.1.6.19.1.6. Contractor’s Confined space program including training, rescue,
ventilation, and entry procedures for Permit-Required Confined Space
(PRCS).
3.1.6.19.1.7. Training Records copies of Contractor employee trainings records
to Risk Management for retention.
3.1.6.19.2. Material submittals shall be provided to Project Manager for:
3.1.6.19.2.1. SDS (material safety data sheets) for all materials brought on site.
3.1.6.19.2.2. Manufacturer’s data sheet for all materials brought on site.
3.1.6.19.2.3. Matching existing colors for structures to be painted, noting that
colors may not be standard colors of manufacturers. Color samples,
selected by the Contractor, shall be submitted for acceptance prior to
ordering the materials.
3.1.6.19.2.4. Documentation that all materials used comply with SCAQMD
rules and regulations.
3.1.6.20. Provide up to 40 feet of polyurethane-based, non-sag elastomeric sealant crevice
caulking (3/8-inch dia. bead) for gap filling, Sikaflex 1A, or equal per 1,000 square
feet of coated surface with a minimum of 30 feet of caulking required per Task
Order. These are services to be provided by the Contractor at no additional cost,
though not specifically called out in Project Elements.
3.1.6.21. The Contractor and its sub-contractors’ staff must be able to communicate in
English both verbally and in writing with OC San staff as well as with other
members of their crew. The Contractor’s staff shall demonstrate the capability to
read, interpret, and understand the Safety/OSHA requirements, OC San’s plans,
drawings, and specifications as necessary.
3.1.6.22. All hardware, lighting fixtures, switch-plates, machined surfaces, couplings, shafts,
bearings, name plates on machinery, and other surfaces not to be painted shall
be masked off, removed, or otherwise protected and protected by the Contractor
prior to surface preparation work being performed on adjacent surfaces requiring
coating. Drop cloths shall be provided to prevent coating materials from falling on
or marring adjacent surfaces. The working parts of all mechanical and electrical
equipment shall be protected from damage during surface preparation and
coating operations. Openings in motors shall be masked to prevent entry of
coating or other materials. The following surfaces shall not be protective coated
hereunder unless shown or specified herein, or elsewhere in the Contract
Documents and shall be protected during all surface preparation, cleaning, and
coating operations. These are services to be provided by the Contractor at no
additional cost, though not specifically called out in Project Elements.
Exhibit A Page 11 of 17 Specification No. S-2021-1264BD
1. Exterior or interior concrete structures
2. Stainless steel, except stainless-steel nuts and tie-back rods
3. Machined surfaces
4. Grease fittings
5. Glass
6. Equipment nameplates, except for labels, as noted
7. Maintenance hole frames and covers
8. Platform gratings, stair treads, door thresholds, and other walk surfaces
9. Buried or encased piping or conduit
10. Bronze, brass, copper, or chrome items
11. Concrete floors and slabs
12. Tunnels
13. Redwood
14. Steel encased in concrete or masonry
15. Galvanized pipe supports and cable trays (supports or hangers for these shall
be painted)
16. Galvanized steel framing and ducting
17. Aluminum gratings
3.2. PROJECT ELEMENTS
Each Task Order issued by the Project Manager will consist of Project Elements and be billed per
the unit rates submitted by the Contractor in the Bid Price Form based on OC San-defined
quantities. For any given Task Order, the Contractor will be required to supply all manpower and
equipment to provide for a combination of Project Elements as determined by the Project
Manager to meet the needs of that Task Order. All elements of work that is required as outlined
in this scope of work, though not specifically stated in Project Elements, shall be incorporated into
unit rates submitted by the Contractor within Exhibit B, Bid Price Form.
PROJECT ELEMENT 1 – SOLVENT CLEANING BY 3,000—5,000 PSI WATER JETTING WITH CLEANER AND SURFACE
SMOOTHING
SSPC-SP 1 (Steel Structures Painting Council) SSPC-SP 1 Solvent Cleaning by 3,000—5,000 psi
water jetting with suitable, approved, alkaline cleaner prior to surface preparation and coating.
The Contractor shall provide water jetting equipment with a minimum of 300 feet of associated
hoses, and trained operators to adequately clean surfaces prior to inspection and coating. All
water, power generation, and removal of jet water with contained debris to be performed by the
Contractor. All extracted material shall be isolated and disposed of at OC San’s Plant No. 1.
Contractor shall provide or subcontract higher pressure water jetting equipment if required by
the Project Manager. Surface smoothing of slag, weld spatter, or sharp edges such as from
welding, flame cutting and shearing from retrofitting or that is not previously removed by the
fabricator at the areas requiring to be coated shall be accomplished by chipping and/or grinding.
Exhibit A Page 12 of 17 Specification No. S-2021-1264BD
Peen, grind, or otherwise blunt all sharp edges as required to 1/8-inch radius, and as directed by
the Project Manager in accordance with NACE SP0178. Rolled edges of angles, channels, and wide
flange beams do not normally require further rounding unless specifically directed by the Project
Manager. Assume up to 15 square feet of weld spatter requiring removal per 1,000 square feet of
cleaned surface, and up to 20 lineal feet of sharp edges requiring rounding as described per 1,000
square feet of cleaned surface.
PROJECT ELEMENT 2 – EXTERIOR SPOT-COATING SYSTEM (GOOD EXISTING-CONDITION SURFACES)
Spot coat coating system for exterior surfaces of corroded areas with SSPC-Vis 3 Initial Condition
G1 with 6-mil dry-film thickness Carboline Carboguard 890 VOC, Tnemec Series L69F Hi-Build
Epoxoline II, Sherwin Williams Macropoxy 646, or equal, epoxy system including SSPC-SP 2 and 3
Hand and Power Tool Cleaning surface preparation, testing (including soluble salts), dust control
and containment, coating, curing, containment, disposal of materials, and all labor, materials, and
equipment.
PROJECT ELEMENT 3 – EXTERIOR SPOT-COATING SYSTEM (POOR EXISTING-CONDITION SURFACES)
Spot coat coating system for exterior surfaces of corroded areas with SSPC-Vis 3 Initial Condition
G3 with 6-mil dry-film thickness Carboline Carboguard 890 VOC, Tnemec L69F Hi-Build Epoxoline
II, Sherwin Williams Macropoxy 646, or equal, epoxy system including SSPC-SP 2 and 3 Hand and
Power Tool Cleaning surface preparation, testing (including soluble salts), dust control and
containment, coating, curing, containment, disposal of materials, and all labor, materials, and
equipment.
PROJECT ELEMENT 4 – EXTERIOR EPOXY INTERMEDIATE- AND TOP-COATING EXTERIOR SURFACES
Epoxy intermediate- and top coating exterior surfaces with 6-mil dry-film thickness epoxy
(Carboline Carboguard 890 VOC, Tnemec L69F Hi-Build Epoxoline II, Sherwin Williams Macropoxy
646, or equal) system including SP-3 Power Tool surface preparation, dust control and
containment, coating, curing, testing, containment, disposal of materials, and all labor, materials,
and equipment. Polyurethane top coat 3-mil dry-film thickness polyurethane system with
Carboline Carbothane 134 MC, Tnemec EnduraShield Series 1095, Sherwin Williams Acrolon 100
urethane, or equal, top coat including coating, curing, testing, containment, disposal of materials,
and all labor, materials, and equipment.
PROJECT ELEMENT 5 – PRIME COAT INTERIOR SURFACES (GOOD EXISTING-CONDITION SURFACES)
Prime coat interior surfaces with SSPC-Vis 1 Initial Condition G1 using 6-mil dry-film thickness
Carboline Carboguard 890 VOC, Tnemec L69F Hi-Build Epoxoline II, Sherwin Williams Macropoxy
646, or equal, epoxy system including SSPC-SP 10 White Metal Blast Cleaning surface preparation
with non-silica abrasive, grinding, dust control and containment, curing, disposal of materials, and
all labor, testing (including soluble salts), materials, and equipment.
PROJECT ELEMENT 6 – PRIME COAT INTERIOR SURFACES (POOR EXISTING-CONDITION SURFACES)
Prime coat interior surfaces with SSPC-Vis 1 Initial Condition G3 using 6-mil dry-film thickness
Carboline Carboguard 890 VOC, Tnemec L69F Hi-Build Epoxoline II, Sherwin Williams Macropoxy
646, or equal, epoxy system including SSPC-SP 10 White Metal Blast Cleaning surface preparation
with non-silica abrasive of all surfaces, grinding, dust control and containment, testing (including
soluble salts), curing, disposal of materials, and all labor, materials, and equipment.
Exhibit A Page 13 of 17 Specification No. S-2021-1264BD
PROJECT ELEMENT 7– EPOXY TOP-COAT INTERIOR SURFACES WITH EPOXY SYSTEM
Epoxy top coat interior surfaces with 6-mil dry-film thickness Carboline Carboguard 890 VOC,
Tnemec L69F Hi-Build Epoxoline II, Sherwin Williams Macropoxy 646, or equal, epoxy system
coating, curing, testing, dust control and containment, disposal of materials, and all labor, testing,
materials, and equipment.
PROJECT ELEMENT 8– POLYMER COMPOSITE SYSTEM
Two-component, 100 percent solids multi-purpose polymer composite epoxy system, Belzona
1111 Super Metal, Enecon Duralloy Metalclad DurAlloy, ARC 10 Machinable Polymer, or equal,
which can be machined, drilled, tapped, filed, sanded, and polished, applied at up to 250-mil
minimum dry-film thickness in one application to restore original surface profile, applied over
SSPC-Vis 1 Initial Condition G3 with SSPC-SP 10 Near White Metal Blast Cleaning using non-silica
abrasive surface preparation, grinding, dust control and containment, curing, disposal of
materials, and all labor, testing (including soluble salts), materials, and equipment.
PROJECT ELEMENT 9 –STATE OF CALIFORNIA CA TITLE 22 CAM 17 TTLC 66261.24 METALS TESTING
State of California CA Title 22 CAM 17 TTLC per Section 66261.24 testing, and if any metals
present of 17 metals tested, Contractor providing for collection and placement in OC San-
provided containers, for disposal of materials by OC San. For surfaces for which SSPC-SP2/3
surface preparation is specified in a Task Order, the Contractor shall provide for only collection
and placement of removed materials in OC San-provided Containers. For surfaces for which SSPC-
SP 10 surface preparation is specified in a Task Order, the Contractor shall provide for complete
removal of the coating per SSPC-SP 11, and shall provide collection and placement of removed
materials in OC San-provided Containers.
PROJECT ELEMENT 10 –PERMIT-REQUIRED CONFINED SPACE ENTRY
Confined space entry support including supervisor, attendant, and entrant, plus all essential
equipment for entry and rescue (including SCBA entry-rescue), preparation of OC San-required
safety plans, focus meetings, shutdown dry runs, and coordinating Lock Out Tag Out (LOTO), plus
full self-contained breathing apparatus (SCBA). For all work, Contractor personnel to be Confined
Space Entry and SCBA (Self-Contained Breathing Apparatus) Certified.
PROJECT ELEMENT 11 –DUST CONTROL AND CONTAINMENT FOR ABRASIVE BLASTING OPERATIONS
Dust Containment and control (visible emissions from dust producing operations restricted to no
greater than Level 1 (1% of work day) as defined in SSPC Guide 6, with assessed visible emissions
per 40 CFR60, App A, Method 22). Enclosure for dust containment shall be provided for basins
and other structures undergoing abrasive surface preparation that will include, when needed,
enclosure for entry points and also complete enclosure of open basins and other structures for
the duration of the operations. When dust containment is only needed for manway or hatched
entry points not exceeding 100 square feet, the dust control and containment shall be included in
the unit price of that element of work. Dust control and containment for hand-tool and power-
tool prepared surfaces and surfaces being prepared for polymer-composite system application
shall be included in the unit cost for that element of work.
PROJECT ELEMENT 12 –SCAFFOLDING
Scaffolding for access to surfaces for cleaning, surface preparation, coatings and inspections by
Contractor QC staff and OC San designated staff. Scaffolding shall be provided, when required for
the application, per the Safety and Health Requirements.
Exhibit A Page 14 of 17 Specification No. S-2021-1264BD
4. PROJECT MANAGEMENT
4.1. The contract, and individual Task Orders, shall be managed by the Project Manager. However,
the Contractor shall manage all Project Elements including equipment supply, provision of
manpower and other directly supplied or subcontracted services as detailed herein, and shall
keep the Project Manager apprised of the status of the support effort for each instance.
4.2. The Contractor shall provide the key management and supervisory personnel as described in
their proposal on this project. The Contractor shall not reassign the key project personnel
without prior approval of the Project Manager. The Project Manager may request re-assignment
of any of the Contractor’s (or subcontractor’s) personnel.
4.3. The Contractor shall be responsible for the supervision and management of all subcontractors.
5. PROJECT SCHEDULE
5.1. Because the on-call Contractor support is for coatings rehabilitation maintenance, a detailed
project schedule is not applicable. However, the Contractor shall provide the anticipated levels
of support as indicated in the Project Elements inclusive over the entire contract period and for
each Task Order. The Project Manager will coordinate the planned shutdowns and coatings
rehabilitation with the Contractor and with OC San operations to ensure that all required
resources are available in each Task Order.
5.2. The Contractor shall be capable of responding to the Project Manager’s coatings rehabilitation
requests within two business days. Delays in responses will be cause for cancelation of the
contract. Once given the notice to proceed for each Task Order, the Contractor shall work
without interruption to schedule until completion of the project, unless otherwise indicated by
the Project Manager.
5.3. This contract may require the Contractor to work schedules outside of the normal OC San
business hours. For example, night work is common and weekend hours may also be necessary
because of low flow conditions during these periods.
5.4. The Contractor’s work may be interrupted by OC San operations, by weather, or other factors
directed by the Project Manager, and the Contractor will not be compensated for delays,
incorporating costs for any such delays within the unit rates provided by the Contractor in Exhibit
B, Bid Price Form, at no additional cost. The number of interruptions and the period of time for
each may vary, and can be up to 10 days total per Task Order.
6. SAFETY AND HEALTH REQUIREMENTS
The Contractor and any Subcontractors shall comply with all applicable provisions of the OC San
Safety Standards, Federal OSHA, California OSHA, and local regulations, whichever is most stringent.
These are services, except where noted, are to be provided by the Contractor at no additional cost,
though not specifically called out in Project Elements.
6.1. Injury and Illness Prevention Program—The Contractor shall prepare and submit a written Injury
and Illness Prevention Program (IPP). The IPP must address responsibility, compliance,
communication, hazard assessment, incident investigation, hazard correction, and training as
required by Title 8, California Code of Regulations, Section 3203. The Contractor shall also
prepare and submit safety programs where required by Cal OSHA. These programs may include
fall protection, lockout tagout, confined space entry, and hazard communication. The safety plan
Exhibit A Page 15 of 17 Specification No. S-2021-1264BD
must be specific to the work being completed and approved prior to the start of work (includes
mobilization).
6.2. Contractor Safety Orientation—The Contractor shall prepare Job Safety Analyses for Task Order
work completed by the Contractor. The JSA is a procedure where each basic step of the Task
Order work has identified hazards and recommended controls for the safest way to complete the
Task Order work.
6.3. Lockout Tagout (LOTO) —The Contractor shall participate in the OC San LOTO process. OC San
will isolate the structure and associated system prior to the Contractor entry into the structure.
OC San will prepare a written energy control procedure for the structure. OC San will
demonstrate hazardous energy has been controlled by walking each isolation point and
reviewing the energy control procedure with the Contractor. The Contractor shall apply their
own lock and tag to the OC San lock box upon acceptance and sign the energy control procedure.
Each Contractor employee working in the structure must apply their own lock and tag.
6.4. Confined Space Entry—The Contractor shall assume work areas will be in an area classified as a
PRCS, shall provide all essential equipment including full self-contained breathing apparatus
(SCBA), and Contractor personnel shall be Confined Space Entry and SCBA Certified, as needed.
Confined Space Entry support shall be provided by the Contractor for up to two OC San
Personnel. The Contractor shall prepare a PRCS Entry Permit, Entry Procedure and Rescue Plan
that describes all procedures, equipment, and methods proposed to be used, and implement
them. A dedicated Rescue Team is required. Calling 911 or relying on the local fire department
for rescue is not acceptable. A ventilation plan is required to be developed by qualified personnel
and implemented during any entry into the structure. The Contractor shall monitor the
atmosphere during entry for oxygen, carbon monoxide, flammable gases, and hydrogen sulfide.
The Contractor shall not assume any OC San owned equipment is available for Contractor use. All
safety support shall be proved for OC San Inspectors or Engineers at the Contractor’s expense.
The Contractor shall assume all work areas are classified as a Permit-Required Confined Space
(PRCS). The Contractor is required to have a copy of its current confined space entry permit at
every job site at all times. The OC San inspector or Engineer may shut down the job site at no
additional cost to OC San if the permit is not available upon request. OC San Risk Management
will review submitted Entry Permit, Entry Procedures, Rescue Plan and Ventilation Plan. If
accepted, OC San Risk Management will issue the Contractor a confined Space JHA authorizing
the Contractor for such entry.
6.5. Fall Protection—Fall protection shall be provided around all openings to protect Contractor
employees and OC San. Fall protection at openings shall consist of a portable guardrail or other
suitable barrier to prevent persons from falling to a lower level. Fall protection shall be required
for personnel when using Contractor-provided extension ladders and other means when
accessing the structures. Fall protection shall be provided for all personnel when working at
heights greater than four feet. If scaffolding is utilized, the scaffolding system shall be designed
by a scaffold-qualified person and erected, inspected and dismantled by a scaffold-competent
person. Scaffolding access shall be provided to OC San personnel. The scaffolding shall be
supplied by a qualified, experienced scaffolding company. Contractor shall submit scaffold plans
prior to use and they must be approved by OC San.
6.6. Hot Work—Any activity producing spark, flame, or heat will require an OC San-issued hot work
permit. The Contractor, depending on the activity, will be required to provide appropriate
controls in accordance with OC San’s hot work program. These controls may include a fire watch,
20-pound fire extinguisher, fire blankets, and atmospheric monitor.
Exhibit A Page 16 of 17 Specification No. S-2021-1264BD
6.7. Chemical Safety—All chemicals brought onsite shall be accompanied by a safety data sheet (SDS).
The Contractor must store and use those chemicals in accordance with the SDS and
manufacturer instructions.
6.8. Training Records—Contractor shall submit copies of its employee trainings records to Risk
Management for retention.
6.9. Waste Water Exposure—The Contractor shall assume there will be a potential exposure to
wastewater and related process flows while on site and during work.
7. CONSTRUCTION AND INSTALLATION SERVICES
Construction and installation services shall be provided by the Contractor on an “as needed” basis to
support the coatings rehabilitation by OC San over the duration of this contract.
8. WORK HOURS/NOISE REQUIREMENTS
When working outside of the property limits of OC San Plants 1 or 2, specific work hours and
nighttime schedules may be imposed by CALTRANS, local cities, the County of Orange, or whoever has
jurisdiction. Contractor is required to work within those hours of operation and to provide necessary
equipment to meet local noise restrictions that may be imposed.
9. TRAFFIC CONTROL
9.1. All traffic control on public rights of way shall be in accordance with the latest CALTRANS Manual
of Traffic Control. Additional local regulations shall have precedence. Safe and adequate
pedestrian and vehicular access shall be provided in accordance with Section 7-10 of the
Standard Specifications for Public Works Construction, 2006 Edition. For work within OC San
facilities, traffic control requirements as determined by the Project Manager shall apply.
9.2. Contractor shall prepare or purchase traffic control plans, apply for all traffic control permits and
pay all fees and permits for said permits as directed by the Project Manager and shall invoice per
contract pricing.
9.3. Note: Inadequate or improper signing and delineation for traffic control may be cause for the
cancellation of the contract.
10. SPILL REPORTING AND HANDLING
10.1. In the event of any Contractor-related overflow or interruption/backup of customer service, the
Contractor shall immediately notify the OC San Control Center at (714) 593-7025, and shall
contain and eliminate the overflow.
10.2. Workshops with Contractor’s staff may be provided by OC San regarding containment methods.
10.3. Contractor shall be responsible for any fines levied by others, reimbursement of any agency
incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to
customers as of a result of the Contractor’s work. This is in addition to any and all costs incurred
by customers.
10.4. Contractor shall also notify the OC San Control Center immediately of any apparent non-
Contractor related spills and/or any abnormal conditions.
Exhibit A Page 17 of 17 Specification No. S-2021-1264BD
11. RESEALING MANHOLE COVERS
Contractor shall reseal all manholes and vaults opened during the course of the contract that were
previously sealed with duct seal “Calpico #CD-5,” or equal, within 24 hours after work is completed or
as directed by OC San staff. Work area around the manhole covers shall be swept clean of all debris
after completion of all work at that location.
12. FOCUS MEETINGS
The Contractor shall prepare for and oversee focus meetings prior to coatings rehabilitation project
Task Order issuance by the Project Manager and include such meetings in unit costing under Project
Elements. The focus meetings will serve to share information, discuss technical issues, understand
time constraints, receive and resolve comments, obtain decisions, review Safety, and receive direction
by the Project Manager. These actions shall insure that potential problems can be anticipated and
either avoided or minimized. In addition, these activities will identify any specific equipment or
procedures shall be required prior to the coatings rehabilitation so that delays are minimized or
avoided for the work.
13. MANAGEMENT OF SUBCONTRACTORS
The Contractor shall be responsible for and shall manage the activities of all subcontractors utilized
under this scope of work.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1918 Agenda Date:11/3/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT NO. 2 TRICKLING FILTER PUMP STATION VARIABLE FREQUENCY DRIVE
REPLACEMENT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract with Baker Electric for Plant No. 2 Trickling Filter Pump Station
Variable Frequency Drive Replacement, per Specification S-2021-1273BD, for a total amount
not to exceed $191,290; and
B. Approve a contingency of $19,129 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) Plant No. 2 secondary treatment process uses three
trickling filters for water treatment. Each of the three trickling filters has a pair of Variable Frequency
Drive (VFD) controlled pumps to lift flow from the primary basins up to the filter beds. Each pump is
rated at 36.4 MGD and five of six pumps are required to deliver peak flow. The existing six VFDs are
obsolete and no longer supported by the manufacturer.
RELEVANT STANDARDS
·Protect OC San assets
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
PROBLEM
The existing Plant No. 2 Trickling Filter Pump Station is necessary to meet OC San effluent discharge
requirements. The VFDs that drive the pumps for this station were declared obsolete by the
manufacturer. This means that spare parts and support services are no longer available for these
units. One unit has already failed and is in the process of being retrofitted similar to the proposed
solution below.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1918 Agenda Date:11/3/2021 Agenda Item No:3.
PROPOSED SOLUTION
Staff recommends replacing Trickling Filter Pump Station VFD internal components with new original
equipment manufacturers upgrade kits.This will result in essentially new,supported units,while
reusing the old cabinets,conduits,controls,and wiring.The upgraded VFDs will provide more
reliable operation and will reduce risk in emergency conditions during peak wet weather flow events
that can otherwise result in permit noncompliance.
TIMING CONCERNS
Proceeding expeditiously is desired to complete the replacement to meet peak wet weather flows.
RAMIFICATIONS OF NOT TAKING ACTION
Not taking action may cause Trickling Filter Pump Station pumps to be out of service for a prolonged
period of time when failures occur due to lack of available spare parts or factory support.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The scope of this project covers the replacement of existing obsolete VFD components with new,
factory supported VFD components.A 10%contingency has been suggested to cover any
unforeseen issues during replacement.
OC San issued a Notice Inviting Bids on September 2,2021 for the Plant No.2 Trickling Filter Pump
Station Pumps Variable Frequency Drive Replacement,per Specification No.S-2021-1273BD.Five
bids were received on October 7,2021.The bids were evaluated in accordance with the OC San
policies and procedures. Summary information of the bids received is as follows:
Bidder Amount Status
Baker Electric $191,290 Responsive
Shimmick Construction Inc.$255,000 Responsive
AZ CO.$270,000 Non-Responsive
Leed Electric, Inc.$298,986 Responsive
Mass. Electric Construction
Co.
$336,800 Responsive
Staff recommends approving a Service Contract with the lowest responsive and responsible bidder,
Baker Electric,for the Plant No.2 Trickling Filter Pump Station Pumps Variable Frequency Drive
Replacement.
Orange County Sanitation District Printed on 10/25/2021Page 2 of 3
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File #:2021-1918 Agenda Date:11/3/2021 Agenda Item No:3.
CEQA
VFD replacement is categorically exempt from CEQA under the Class 1 categorical exemptions set
forth in California Code of Regulations Section 15301.Section 15301 (Class 1)exempts from CEQA
“the operation,repair,maintenance,permitting,leasing,licensing,or minor alteration of existing
public or private structures,facilities,mechanical equipment,or topographical features,involving
negligible or no expansion of existing or former use”,including “(b)Existing facilities of both investor
and publicly-owned utilities used to provide electric power,natural gas,sewerage,or other public
utility services”.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the OC San Purchasing Ordinance.This
recommendation will be funded under the Repair and Maintenance line item for Operations and
Maintenance Department (Budget Update -Fiscal Year 2021-2022,Page 45).The available funding
is sufficient for this action.
Date of Approval Contract Amount Contingency
11/17/2021 $191,290 $19,129 (10%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Service Contract
RM:nb:jg:ab:gc
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Orange County Sanitation District 1 of 9 Specification No. S-2021-1273BD Revision 031021
SERVICE CONTRACT Plant 2 Trickling Filter Pump Station Pumps Variable Speed Drive Replacement
Specification No. S-2021-1273BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and [ ] with a principal place of business at [ ] (hereinafter referred to as "Contractor") collectively referred to as the “Parties”. W I T N E S S E T H
WHEREAS, OC San desires to temporarily retain the services of Contractor for Plant 2 Trickling Filter Pump Station Pumps Variable Speed Drive Replacement, “Services”, as described in
Exhibit “A”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No.
OC SAN-56; and
WHEREAS, on [____________________], the Board of Directors of OC San, by minute order,
authorized execution of this Contract between OC San and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish
such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows: 1. Introduction
1.1 This Contract and all exhibits hereto is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit “A” Scope of Work Exhibit “B” Bid Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards
Exhibit “E” Human Resources Policies Exhibit “F” General Conditions
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract
is set forth below: a. Addenda issued prior to opening of Bids – the last in time being the first in precedence b. Service Contract c. Exhibit “F” General Conditions
Orange County Sanitation District 2 of 9 Specification No. S-2021-1273BD Revision 031021
d. Exhibit “C” Determined Insurance Requirement Form e. Exhibit “D” Contractor Safety Standards
f. Permits and other regulatory requirements g. Exhibit “E” Human Resources Policies h. Exhibit “A” Scope of Work
i. Exhibit “B” Bid Price Form 1.4 The provisions of this Contract may be amended or waived only by a writing
executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not
affect the meaning or interpretation of this Contract or any paragraph or provision hereof. 1.6 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.7 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below.
1.8 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed [ ______ ] Dollars
($[_________].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 OC San and/or general public upon request, provided the public request is made through OC San, the Division of
Apprenticeship Standards or the Division of Labor 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). 3.5 In addition, refer to General Conditions, Exhibit “F”, GC-4, LAWS TO BE OBSERVED.
Orange County Sanitation District 3 of 9 Specification No. S-2021-1273BD Revision 031021
4. Payments and Invoicing 4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s
Project Manager or designee, of itemized invoices submitted for Pump Drives completed as follows: 16% upon completion of each of the first five (5) Pump Drives and 20% upon completion of the final Pump Drive, in accordance with Exhibit “A”. 4.2 OC San, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed.
4.3 Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number shall be
referenced in the subject line. 4.4 In addition, refer to General Conditions, Exhibit “F”, PAYMENT FOR WORK. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract.
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 OC San at any time. All modifications must be made in writing and signed by both Parties.
8. Contract Term The Services provided under this Contract shall be completed within 180 calendar days from the effective date of the Notice to Proceed.
9. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. In addition, refer to General Conditions, Exhibit “F”, GC-27, EXTENSION OF TIME FOR DELAY. 10. Performance Time is of the essence in the performance of the provisions hereof.
11. Termination 11.1 OC San reserves the right to terminate this Contract for its convenience, with or
without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC
San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) 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 OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination.
11.2 OC San reserves the right to terminate this Contract immediately upon OC San’s determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract.
Orange County Sanitation District 4 of 9 Specification No. S-2021-1273BD Revision 031021
11.3 OC San may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; 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.
11.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first.
12. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed 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 OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. 13. Bonds – Not Used
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 OC San, Contractor shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims,
liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on
account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This
indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor 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 OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. 15. Contractor Safety Standards and Human Resources Policies OC San requires
Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Contract it is discovered that Contractor Safety
Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC
Orange County Sanitation District 5 of 9 Specification No. S-2021-1273BD Revision 031021
San. Contractor and all of its employees and subcontractors, shall adhere to the Safety requirements in Exhibit “A”, all applicable Contractor Safety Standards attached hereto in
Exhibit “D” and the Human Resources Policies in Exhibit “E”. 16. Warranties - Refer to General Conditions, Exhibit “F”, GC-19 WARRANTY
(CONTRACTOR’S GUARANTEE).
17. Liquidated Damages – Not Used
18. 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. 19. 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.
20. 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 OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San.
21. 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. In addition, refer to General Conditions, Exhibit “F”, GC-35, STORMWATER REQUIREMENTS.
22. 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.
23. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor.
24. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold
harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced.
25. Contractor’s Employees Compensation - In addition, refer to General Conditions, Exhibit “F”, GC-4, LAWS TO BE OBSERVED 25.1 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
0
Orange County Sanitation District 6 of 9 Specification No. S-2021-1273BD Revision 031021
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.
25.2 General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work
in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request.
25.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, 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.
25.4 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. 25.5 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 OC San as a penalty, the sum of twenty-five dollars
($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (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. 25.6 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
Orange County Sanitation District 7 of 9 Specification No. S-2021-1273BD Revision 031021
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.
26. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District
(SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 27. 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. 28. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate
as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach. 29. Remedies In addition to other remedies available in law or equity, if the Contractor fails to
make delivery of the goods or Services or repudiates its obligations under this Contract, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price
OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the
difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages.
30. Dispute Resolution - Refer to General Conditions, Exhibit “F”, GC-25, DISPUTES
31. Attorney’s Fees - Refer to General Conditions, Exhibit “F”, GC-24, CLAIMS 32. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 33. 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.
34. Damage to OC San’s Property Any of OC San’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 OC San. In addition, refer to General Conditions, Exhibit “F”, GC-9, PRESERVATION OF PROPERTY.
Orange County Sanitation District 8 of 9 Specification No. S-2021-1273BD Revision 031021
35. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San.
36. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San
employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no
rights to any benefits which accrue to OC San’s employees. 37. Limitations upon Subcontracting and Assignment Contractor shall not delegate any
duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void.
38. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
39. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default
or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
40. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
41. 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.
42. Entire Agreement 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.
Orange County Sanitation District 9 of 9 Specification No. S-2021-1273BD Revision 031021
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder
shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses:
OC San: Darius Ghazi, Senior Buyer Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, CA 92708 Contractor: [Contact Name] [Contact Title] [Company Name] [Street Address] [City, State, Zip Code]
Each party shall provide the other party written notice of any change in address as soon as practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: ___________________________________ John B. Withers Chair, Board of Directors
Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board Dated: _________________ By: ___________________________________
Ruth Zintzun Purchasing & Contracts Manager
[CONTRACTOR]
Dated: _________________ By: ___________________________________
______________________________________ Print Name and Title of Officer CMM
EXHIBIT A Specification No. S-2021-1273BD
EXHIBIT A
SCOPE OF WORK For Plant 2 Trickling Filter Pump Station Pumps Variable Speed Drive Replacement
EXHIBIT A SCOPE OF WORK Plant 2 Trickling Filter Pump Station Pumps Variable Speed Drive Replacement SPECIFICATION NO. S-2021-1273BD
EXHIBIT A Page 1 of 8 Specification No. S-2021-1273BD
SCOPE OF WORK 1 Location of Work
The work covered under this Contract will take place at the Orange County Sanitation District’s (“OC San’s”) Plant 2 – 22212 Brookhurst Street, Huntington Beach, CA 92646. 2 General The Contractor shall furnish all labor, equipment, materials, machinery, tools, supplies, insurance, bonds, permits, licenses, transportation, and other incidentals necessary to complete all tasks and items of work described within Attachment A and within other portions of the Contract Documents and Drawings and as more specifically described below. 3 Description of the Work A. This project includes modifications to existing Plant 2 Trickling Filter Pump Station (TFPS)
Variable Drive Cabinets (“Pump Drives”, quantity of 6) located in TFPS Electrical Room. Contractor’s work includes replacing existing obsoleted Rockwell Automation/Allen -
Bradley Model PowerFlex 700H Variable Speed Drives with new up-to-date Variable Speed Drives Rockwell Automation/Allen Bradley Model PowerFlex 753 or manufacturer approved equal direct replacement and associated components required for variable
speed drive functionality including precharge boards, line and load reactors, Human Interface Modules, input/output modules and other components as deemed necessary for new drive functionality. The work includes procurement, installation, programming and
testing of the Variable Speed Drives. B. The work to replace existing Variable Speed Drives and associated components
necessary for new drive functionality includes the items listed below: a. Review existing P2-90 Project shop drawings (by Rockwell Automation/Allen-Bradley Products), existing P2-90 Project Single Line Diagram for 480V Switchgear SWGR-JA-A/B and SWGR-JB-A/B, and Control Schematic Diagrams for six (6) Variable Speed Drives. b. Provide proposed replacement Variable Speed Drives model, manufacturer and detailed submittal information, including associated components to OC San Electrical Engineer (“Project Manager”) for review and acceptance.
c. Provide markups to the original drawings for the affected wiring for this Project. d. Validate all connection points for the new Variable Speed Drives internal and field wiring prior to demolition of existing Variable Speed Drives.
e. Finish all labor, equipment and materials to demolish existing and install new Variable Speed Drives, control keypads and other associated equipment in accordance contract drawings and specifications.
f. Program Variable Speed Drives to function as a replacement of existing Variable Speed Drives. g. Perform Acceptance Tests in accordance with Drive Manufacturer Recommendations
and OC San Standards
ATTACHMENT A Page 2 of 8 Specification No. S-2021-1273BD
h. Perform Functional Tests of completed installations to validate existing motor
schematic functionality and loop diagrams inputs and outputs. i. Startup assistance to OC San’s Operations and Maintenance Personnel to recommission affected equipment. j. New equipment training for OC San’s Operations and Maintenance Personnel. C. List of As-Built Project P2-90 Drawings and Specifications:
Drawing Title Dwg No. Sheet No.
Project P2-90 As Built Electrical Drawings Distribution Center J 480V Switchgear JA Single Line Diagram 0E7003 443
Distribution Center J 480V Switchgear JB Single Line Diagram 0E7004 444
TFPS Electrical Room Control Plan 1E1005 492
TFPS Pump Control Wiring Schematic-Sheet 1 0E8001 460 TFPS Pump Control Wiring Schematic-Sheet 2 0E8002 461 TFPS WetWell Low Level Control Wiring Schematic 0E8003 462
VFD Manufacturer Data N/A N/A Pumps and Motors Manufacture Data N/A N/A
OC San Applicable Drawings
Distribution Center J SWGR-JA PL2-79 N/A
Distribution Center J SWGR-JB PL2-80 N/A
Instrument Loop Diagram TF Pump Station
Pump A1 22KPMP020
22K-L-020-1
Instrument Loop Diagram TF Pump Station Pump A1 22KPMP020 22K-L-020-2
Instrument Loop Diagram TF Pump Station Pump A1 Speed Control 22KSC020 22K-L-020-3
Instrument Loop Diagram TF Pump Station Pump A2 22KPMP040 22K-L-040-1
Instrument Loop Diagram TF Pump Station Pump A2 22KPMP040 22K-L-040-2
Instrument Loop Diagram TF Pump Station
Pump A2 Speed Control 22KSC040
22K-L-040-3
Instrument Loop Diagram TF Pump Station Pump B1 22KPMP060 22K-L-060-1
Instrument Loop Diagram TF Pump Station Pump B1 22KPMP060 22K-L-060-2
Instrument Loop Diagram TF Pump Station Pump B1 Speed Control 22KSC060 22K-L-060-3
Instrument Loop Diagram TF Pump Station Pump B2 22KPMP080 22K-L-080-1
Instrument Loop Diagram TF Pump Station
Pump B2 22KPMP080
22K-L-080-2
Instrument Loop Diagram TF Pump Station Pump B2 Speed Control 22KSC080 22K-L-080-3
ATTACHMENT A Page 3 of 8 Specification No. S-2021-1273BD
Instrument Loop Diagram TF Pump Station Pump C1 22KPMP100 22K-L-100-1
Instrument Loop Diagram TF Pump Station Pump C1 22KPMP100 22K-L-100-2
Instrument Loop Diagram TF Pump Station
Pump C1 Speed Control 22KSC100
22K-L-100-3
Instrument Loop Diagram TF Pump Station Pump C2 22KPMP120 22K-L-120-1
Instrument Loop Diagram TF Pump Station Pump C2 22KPMP120 22K-L-120-2
Instrument Loop Diagram TF Pump Station Pump C2 Speed Control 22KSC0120 22K-L-120-3
Specifications Specification Section 16080 “Electrical Testing” N/A N/A Specification Section 16419 “Variable Frequency Drives 100 Horsepower and Above” N/A N/A
4 Project/Work Elements 4.1 General Request for outages shall be made 14 days in advance in writing. OC San’s Project Manager’s acceptance shall be obtained for the outage.
The operation (closing and opening) of all electrical circuits shall be performed by OC San personnel only. No exceptions allowed. While working on energized circuits during programing and commissioning of the Variable Speed Drives, the Contractor shall wear appropriate personal protective equipment per NFPA 70E.
All shutdowns will be scheduled such that OC San Maintenance and Inspection Staff is present for all testing and critical work performed.
All testing required by Specification 16080 must be complete and all punch list items successfully addressed prior to Project completion.
OC San may require several pumps to be available to run at any given time so that OC San’s treatment process is never jeopardized limiting one or two Pump Drives available for drive replacement at any given time.
4.2 Safety The Contractor will be responsible for all aspects of health and safety on the worksite,
as required under the provisions of General Conditions Attachment B, and OC San Safety Standards located on OCSan.gov, and of California and Federal OSHA. The following items represent some of the documents and procedures required of the Contractor during the course of the work: A. Job Site Safety Analysis (JSSA) and Job Hazard Analysis (JHA): These two assessments must be completed prior to the beginning of the work to identify hazards at the work location.
ATTACHMENT A Page 4 of 8 Specification No. S-2021-1273BD
B. Any other documents that are required by OC San during its safety evaluation and
review as described herein or by regulatory agencies shall be provided by the Contractor. C. The Contractor shall barricade and make safe the work area in order to prevent egress by unauthorized personnel. The Contractor shall provide proper personal protective equipment including safety goggles for Contractor’s workers and subcontractors during all stages of the work.
4.3 Submittals A. General The Contractor shall submit, for Project Manager’s review and acceptance, all
required shop drawings and other Work-related submittals in accordance with the section entitled “Shop Drawing Submittals”, and applicable individual Specifications sections.
The Contractor shall submit all submittals electronically for review. Electronic submittals shall be in PDF format with security restrictions set to enable
commenting so that Project Manager’s comments can be added to the document using Adobe Reader or using Adobe Reader or Bluebeam Revu. PDF files shall be searchable and include Bookmarks/Tabs identifying specific sections/sub-sections
to separate each product and system. Submittal Transmittal Each submittal shall be accompanied by a dedicated transmittal signed by the Contractor. OC San will provide Contractor a sample transmittal following Notice to Proceed. If the Contractor proposed to provide material, equipment, or method of Work which deviates from Contract Documents, the Contractor shall indicate under “deviations” on the Submittal Transmittal Form accompanying the submittal copies. List of Submittals: i. Contractor’s Work Plan
ii. Construction Schedule iii. Control Schematic mark ups (OC San Schematics and Rockwell Automation/Allen-Bradley Schematic mark ups)
iv. Variable Speed Drive Shop Drawings (for new Variable Speed Drives) v. Testing Plan to demonstrate functionality of new work. vi. Test Data Sheets and Test Reports
vii. Equipment Manuals and Test Reports viii. Training/Lesson Plan ix. VFD Programming Files
x. Manufacturer Certifications for new Variable Speed Drives and components xi. Other submittals as required. B. Shop Drawing Submittals Shop drawings are drawings, schedules, brochures, and other data that are prepared by the Contractor, Subcontractors, manufactures, suppliers, and/or distributors, and which illustrate some portion of the Work. Shop Drawing Review - The Contractor shall review, mark with Manufacturer’s approval, and submit for OC San review and acceptance. Shop drawings shall
ATTACHMENT A Page 5 of 8 Specification No. S-2021-1273BD
show the name of the Project, the Contractor, and if any, the names of Suppliers,
manufactures and Subcontractors. Shop Drawing Submittal Return Status – along with submittal comments, OC San will return each submittal with status as defined below: 1. RESUBMITTAL NOT REQUIRED (RNR) 2. RESUBMITTAL REQUIRED, AS NOTED (RRN) 3. REVISE AND RESUBMIT (R&R) 4. NOT ACCEPTABLE (NA)
“RESUBMITTAL NOT REQUIRED” -the submittal is in general conformance with the design concept of the Project and general compliance with the Contract Documents.
“RESUBMITTAL REQUIRED, AS NOTED” -the Contractor shall address and incorporate all OC San comments and resubmit within 10 days including responses
to all OC San comments. “REVISE AND RESUBMIT” implies there were a significant amount of missing or
illegible information, errors on multiple documents, or significant amount of comments were made such that the entire packet needs to be resubmitted and reviewed again. A “REVISE AND RESUBMIT” response does not mean the entire
submittal was reviewed and all possible comments have been provided. “NOT ACCEPTABLE” means that Contractor has either submitted an item that is significantly not per specifications, the submittal lacked even the bare minimum of information to begin a review, or there were significant errors or illegible information provided with the submittal. If the submittal is returned to the Contractor marked “NOT ACCEPTABLE” or “REVISE AND RESUBMIT”, the Contractor shall correct the shop drawings to conform to Project Manager’s comments and resubmit. The complete shop drawing(s) shall be resubmitted in its entirety to include a copy of the Contractor’s
responses to all comments received on the submittal series. No portion of the Work requiring a shop drawing resubmittal shall be commenced
until the submittal has been reviewed by the Project Manager’s and returned to the CONTRACTOR with a notation indicating “RESUBMITTAL NOT REQUIRED” or “RESUBMITTAL REQUIRED AS NOTED” where the noted comments do not affect
the Work for which Contractor is commencing. No payment for facilities constructed and/or installed will be made until the final submittal has received a “RESUBMITTAL NOT REQUIRED” response and is considered accepted as
complete. If the Contractor believes that any shop drawings or communication relative thereto calls for changes in the Work for which the Contract Amount or time or completion should be changed, the Contractor shall immediately notify the Project Manager and request a Change Order in accordance with Section 8 Change Management of these Specifications. Contractor Approval – The Contractor shall obtain and review the manufacturer’s shop drawings and other pertinent data for conformance with all requirements of
ATTACHMENT A Page 6 of 8 Specification No. S-2021-1273BD
the Contract Documents prior to forwarding submittals to Project Manager for
review. The Contractor, at its sole expense, shall make any necessary changes in the shop drawings to make them conform to the Contract Documents. After completion of the review, verification and revisions, the Contractor shall stamp and sign the shop drawings indicating compliance with Contract Documents and the Contractor’s approval. 4.4 Equipment Removal Contractor shall remove existing Variable Speed Drives and associated components
that will not be used with new Variable Speed Drives, such as control keypads, and dispose off-site.
Prior to performing any demolition work, the following activities, at a minimum, shall be completed by a Qualified Person(s) who is an electrician certified by the State of California working under C-10 Electrical Contractor licensed in the State of California,
to ensure the system or equipment have been made safe for demolition work: A. Review applicable drawings
B. Locate equipment and wiring to be demolished. C. Identify voltage levels and other hazards D. Ensure all equipment and wiring have been adequately identified (end to end wire
checks) for demolition. 4.5 Equipment Installation Refer to the specifications and drawings 4.6 Equipment Service Manuals Manual shall be submitted for Variable Speed Drives. Include: A. Cover Sheet B. Device Data Sheet (include model number) C. Approved Shop Drawings (OC San approved) D. Installation, Operation, and Maintenance (O&M) Manuals.
E. Supplemental drawings and instructions F. As-Built Information 4.7 Testing Contractor shall provide qualified service Technician to perform acceptance testing on new Variable Speed Drives and assist in performance/functional testing of completed
system. Refer to Specification Section 16080 and 16418 for complete details. 4.8 Deliverables/As Built Drawings/Manufacturer’s Documentation
Record Drawings/As Built Drawings 4.9 Training Upon completion of the Variable Speed Drive Replacement, commissioning and functional testing, the Contractor shall provide training for the Electrical Maintenance Staff and Operations to review the modifications and Pump Operation with new Variable Speed Drives. Contractor shall provide two (2) one -hour sessions as scheduled by OC San, at OC San facilities. Instructor shall be familiar with work done on the project.
ATTACHMENT A Page 7 of 8 Specification No. S-2021-1273BD
Instructor shall be fully experienced, qualified and factory trained to operate and
maintain Variable Speed Drives. Contractor provided Equipment Service Manuals serve as the principle basis for instruction. The Contractor shall submit for Project Manager review and acceptance the equipment service manuals prior to training. 4.10 Warranties A. The Contractor shall warrant that the work performed will be free of defects in
materials and workmanship for a period of one year from the date of acceptance by OC San. All warranty periods shall begin after satisfactory installation, testing and acceptance.
B. The Contractor shall be responsible for removal, installation and shipping costs of any replacement parts and for correcting any other defective work at no cost to OC San.
C. In addition, refer to GC-19 WARRANTY (CONTRACTOR’S GUARANTEE) 5 Resources Available
• Laydown and Staging Area
• Temporary Power and Utilities – Including Water
• Use of Restroom Facilities 6 Project Schedule The Contractor shall complete the project within 180 calendar days from the date of the Notice to Proceed. Contractor shall adhere to the following schedule: Milestones/Timeline Deadline (Weeks from Kick-Off/NTP) Review Period (Weeks) Cumulative Weeks
Kick-Off Meeting (NTP) NTP Date N/A 1 business day
Submittal of Schedule 2 weeks from NTP 1 week 3 weeks
Submittals 3 weeks from submittal of schedule 3 weeks for all submittals 9 weeks
Final Completion of Work 180 calendar days of NTP N/A 180 calendar days
7 Project Management 7.1 Project Kick-Off Meeting A minimum of one week prior to start of work, a meeting with OC San staff shall be held to establish appropriate contacts and review the Contractor’s plan to implement this work.
7.2 Meetings Contract conferences shall be held on an on-call basis with OC staff to keep OC San
apprised of the job, review work in progress, and receive comments. Conferences shall be held at the OC San’s offices. All notes and decision items shall be captured by the Contractor and reported in electronic format. The formal agenda shall be
submitted with the previous meeting notes at least one week prior to each meeting. At a minimum, progress meetings shall be held bi- weekly though-out the duration of the project.
ATTACHMENT A Page 8 of 8 Specification No. S-2021-1273BD
8 Change Management See Contract Exhibit “F” – General Conditions – Section GC-22 REQUEST FOR CHANGE (CHANGES AT CONTRACTOR’S REQUEST). 9 Staff Assistance The Contractor will be assigned a single point of contact on this project. Any meetings and/or correspondence related to this project shall be scheduled and approved by the Project Manager.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1889 Agenda Date:11/3/2021 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
QUARTERLY ODOR COMPLAINT REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Fiscal Year 2021-22 First Quarter Odor Complaint Report.
BACKGROUND
During the first quarter of FY 2021-22, the Orange County Sanitation District (OC San) had the
following attributable odor complaints: Plant No. 1 had one odor complaint, Plant No. 2 had no odor
complaints, and the collection system had one odor complaint. A summary of the odor complaints
with a table tracking the history is included as an attachment.
RELEVANT STANDARDS
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
·12 or fewer odor complaints per year under normal operating conditions in the collection
system
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·FY 2021-22 First Quarter Odor Complaint Report
PP:BR:cf:gc
Orange County Sanitation District Printed on 10/25/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2021/22 – 1st Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received one attributable odor complaint during the 1st quarter. This odor complaint was caused due to routine maintenance on a collections system air jumper. This air jumper is in the
middle of a residential neighborhood near Plant No. 1. Plant No. 2 Treatment Facility Odor Complaint Summary Plant No. 2 received no attributable odor complaints during the 1st quarter. 2. Collections Facilities Odor Complaint Summary The Collection System received one attributable odor complaint during the 1st quarter. The reported odor complaint was due to the pressurization and sewer ventilation of foul odors in the City of Buena Park. The manhole was sealed to reduce sewer odor and prevent any further complaints.
All Odor Complaints Tracking
Jul. 2021 to Sep. 2021 1st Qtr FY 21/22
2nd Qtr FY 21/22
3rd Qtr FY 21/22
4th Qtr FY 21/22
Cumulative FY 21/22
All Public Complaints Collections P1 P2 Total Total Total Total Total
Attributable
to OC San 1 1 0 2 2
Not Attributable to OC San 3 0 2 5 5
Total Public Complaints Received: 4 1 2 7 7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1891 Agenda Date:11/3/2021 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT 2 PRIMARY EFFLUENT PUMP STATION PUMP #4 REBUILD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Sole Source Purchase Order for Plant 2 Primary Effluent Pump Station Pump #4
Rebuild to Vaughan’s Industrial Repair Co., Inc. for the rebuild of one Fairbanks Morse vertical
pump, for an amount not to exceed $134,030, plus shipping; and
B. Approve a contingency of $13,403 (10%).
BACKGROUND
The Primary Effluent Pump Station (PEPS) feeds primary-treated wastewater to the Activated Sludge
(AS) secondary treatment facilities at Orange County Sanitation District (OC San) Plant No. 2 for
further treatment prior to discharge through the ocean outfall. The PEPS pumps were installed in
1981 and have been in service for 40 years.
RELEVANT STANDARDS
·24/7/365 treatment plant reliability
·Comply with environmental permit requirements
·Maintain a proactive asset management program
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
PROBLEM
A recent condition assessment of the PEPS Pump No.4 found degradation and damage that needs to
be repaired on the discharge elbow, pump impeller, and suction bell.
PROPOSED SOLUTION
Approve a Sole Source Purchase Order to Vaughan’s Industrial Repair Co., Inc. to rebuild the
Fairbanks Morse pump, PEPS Pump #4. Vaughan’s Industrial Repair Co., Inc. is the sole authorized
Orange County Sanitation District Printed on 10/25/2021Page 1 of 2
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1891 Agenda Date:11/3/2021 Agenda Item No:5.
service center for these Fairbanks Morse pumps.
TIMING CONCERNS
The PEPS Pump Station consists of four pumps,three designated for normal duty and one
designated for stand-by duty.Failure to repair PEPS Pump No.4 would potentially result in the
reduction in reliability to the secondary treatment capacity at the Plant No. 2 AS Plant.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to repair the PEPS Pump No.4 would result in the reduction of secondary treatment capacity.
Additionally,a pump failure would severely handicap the ability to pump primary effluent to the AS
Plant, thus affecting the ability to process peak wet weather flows and maintain permit capacity.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
The repair of the Primary Effluent Pumps is categorically exempt from CEQA under the Class 1
categorical exemptions set forth in California Code of Regulations Section 15301.Section 15301
(Class 1)exempts from CEQA “the operation,repair,maintenance,permitting,leasing,licensing,or
minor alteration of existing public or private structures,facilities,mechanical equipment,or
topographical features,involving negligible or no expansion of existing or former use”,including “(b)
Existing facilities of both investor and publicly-owned utilities used to provide electric power,natural
gas, sewerage, or other public utility services”.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repairs and Maintenance line item for Plant No.2
Operations and Maintenance Department (Budget Update -Fiscal Year 2021-22,Page 45).The
available funding is sufficient for this action.
Date of Approval Contract Amount Contingency
11/03/2021 $134,030 $13,403 (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
Orange County Sanitation District Printed on 10/25/2021Page 2 of 2
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1912 Agenda Date:11/3/2021 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period ending
September 30, 2021.
BACKGROUND
The Engineering Program involves awarding and managing many construction and consulting
contracts. In 2008, the Orange County Sanitation District (OC San) Board of Directors began
awarding contingencies along with construction and consulting contracts for the General Manager to
approve construction change orders and amendments to consulting contracts up to the amount of the
approved contingency. This practice reduces administrative costs, expedites resolution of project
issues that arise, helps avoid contractor delay claims, and facilitates efficient management of many
contracts.
The Engineering Program Contract Performance Report summarizes construction and consulting
contract performance and activities for the quarter ending September 30, 2021. This report is
updated quarterly.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Engineering Program Contract Performance Report for the period ending September 30, 2021
Orange County Sanitation District Printed on 10/25/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending September 30, 2021
DATE: October 18, 2021
TO: Orange County Sanitation District
Board of Directors
FROM: James D. Herberg, General Manager
Through: Kathy Millea, Director of Engineering
This report summarizes the status, activities, and performance of construction contracts
and consultant agreements. This report also identifies the names and status of projects
being performed under master budgets for planning studies, research, small construction
projects, O&M capital projects, and information technology projects.
Table of Contents
Part 1 – Construction Contracts page 2
Active Construction Contracts
Construction Contracts Closed in Last Quarter
Cumulative Change Order Rates – Closed Construction Contracts
Part 2 – Engineering Services Agreements page 9
Active Engineering Services Agreements
Active Task Orders by Master Agreement
Part 3 - Master Budget Projects page 14
Planning Studies Status Report
Research Program Status Report
Small Construction Projects Program Status Report
Information Technology Capital Program Status Report
Operations and Maintenance Capital Program Status Report
Part 4 - Supplemental Engineering Services Contract page 20
Supplemental Engineering Services Contract Status
Supplemental Engineering Services Contract Labor Summary
Page 1
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending September 30, 2021
PART 1 - CONSTRUCTION CONTRACTS
Table 1 lists the Board-awarded construction contracts active as of September 30, 2021,
while Table 2 lists the General Manager-awarded construction contracts. The General
Manager may award contracts up to $100,000 and task orders up to $300,000. The graph
below shows the number and total value of projects broken down plant and collections.
Six Board-awarded construction contracts were closed in this quarter, as listed in Table 3.
One construction contract awarded by the General Manager was closed in this quarter,
as listed in Table 4.
Page 2
~SAN
ORANGE COUNTY SANITATION DISTRICT
Plant Projects
21 Contracts
$574 million
Active Construction Contracts
23 unique contractors
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No
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1
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(
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7
Engineering Program
Contract Performance Report
For the Period Ending September 30, 2021
When the Orange County Sanitation District (OC San) Board awards a construction
contract, they also approve a contingency which allows the General Manager to approve
contract change orders up to the amount of the contingency. One purpose of this report
is to document how much of the contingency is utilized. A contract’s change order rate is
only meaningful when the work is completed. As such, the change order performance
charts in this report are based only on contracts closed since the Board began approving
contingencies in 2008. The following chart shows how cumulative change order rates
have changed for plant, collections, and all contracts since the contingency system was
implemented.
Page 8
~SAN
ORANGE COUNTY SANITATION DISTRICT
12.00%
11.00%
10.00%
9.00%,
8.00%
7.00%
6.00%
5.00"/4
4.00%
3.00"/4
2.00%
N 0 ~ C1
g N 0 00 0 C1 ~ C1
g N g 0 ~ 0 0 ... ... C1 C1 C1
Cumulative Change Order Rates
Closed Construction Contracts
-All
-collections
-Plant
N g N g N g N g N g N g N g 0 0 0 0 0 0 0 ... ... N N M M '<t '<t ,n ,n '° '° r---r---... ... ... ... ... ... ... ... ... 8 ... ... ... ... C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1
N g N g N '<t N g 0 0 0 0 0 00 00 O'I O'I 0 0 § ... ... ... ... ... N N N C1 C1 C1 C1 C1 C1 C1
Engineering Program
Contract Performance Report
For the Period Ending September 30, 2021
PART 2 – ENGINEERING SERVICES AGREEMENTS
OC San engages engineering consultants through Professional Service Agreements
(PSAs), Professional Design Services Agreements (PDSAs), Professional Construction
Services Agreements (PCSAs), and Master Professional Services Agreements (Master
Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a
subsequent agreement with the design consultant to provide support services during
construction. PSAs are used for planning studies and other consultant assignments.
There are currently 18 firms with active engineering services agreements, not including
firms with Master Agreements.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects.
On those smaller projects, OC San solicits task order proposals from three or four of the
firms and awards a task order to the most qualified consultant. There are currently four
sets of Master Agreements.
2012 Master Design Agreements (expired)
2017 Master Agreements for Wastewater Treatment Planning Studies (expired)
2018 Master Design Agreements (expired)
2020 Master Agreements for On-Call Planning Studies
2021 Master Design Agreements
The two Master Design Agreement from 2012 and 2018, and the 2018 Master
Agreements for Wastewater Planning Studies have expired, meaning no new task orders
can be issued under them, but previously-issued task orders remain active until
completed. Task Orders are limited by OC San Ordinance No. OCSD-52 to $300,000
per task order.
A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is
attached under Table 5, and a status table for all Active Task Orders by Master
Agreement is attached under Table 6 (Master Agreements).
Page 9
~SAN
ORANGE COUNTY SANITATION DISTRICT
En
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13
Engineering Program
Contract Performance Report
For the Period Ending September 30, 2021
PART 3 – MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2018-19 and 2019-20 includes master
program budgets that allow staff to more quickly initiate, execute, and manage smaller
projects that fit within the scope of a particular program. The projects chartered under
these program budgets are referred to as sub-projects and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Master Program Title Status Table
Planning Studies Program Table 7
Research Program Table 8
Small Construction Projects Program Table 9
Information Technology Capital Program Table 10
Operations & Maintenance Capital Program Table 11
Page 14
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Project Number Project Name Status Allocated Budget
PS15‐02 Edinger Pump Station Rehabilitation Study Active 971,000$
PS16‐02 SCE Feed Reliability Improvements Study Closed 215,605$
PS17‐03 Active Fault Location Study at Plant No. 2 Active 1,300,000$
PS17‐08 CEQA ‐ Facilities Master Plan Closed 999,966$
PS18‐06 Go/No‐Go Lights and Signage Active 495,000$
PS18‐09 Ocean Outfall Condition Assessment and Scoping Study Active 3,340,000$
PS18‐11 ETAP Model Updates for Plant Nos 1 and 2 Active 428,000$
PS19‐03 Laboratory Rehabilitation Feasibility Study Active 450,000$
PS20‐01 Collections Yard Relocation Feasibility Study Active 375,000$
PS20‐02 Collection System Flow Level Monitoring Study Active 743,218$
PS20‐03 Truck Loading Bay Odor Control Improvements Study at Plant No. 2 Active 383,682$
PS20‐04 Power Generation Overhaul Feasibility Study Active 200,000$
PS20‐05 Cen Gen Pressure Vessel Integrity Assessment at Plant Nos. 1and 2 Active 400,000$
PS20‐07 College Pump Station Wet Well Condition Assessment Study Active 200,000$
PS20‐08 Euclid Trunk Sewer Hydraulic Modeling and Odor Control Analyses Active 500,000$
PS20‐09 Thickening & Dewatering Plant Water Study at Plant No. 1 Active 400,000$
PS21‐01 Exterior Lighting Study at Plant Nos. 1 and 2 Active 550,000$
PS21‐02 Public Announcement and Fire System at Plant Nos. 1 and 2 Active 500,000$
PS21‐03 Process Model for Denitrification Alternatives at Activated Sludge 1 Active 50,000$
PS21‐04 Energy and Digester Gas Master Plan Closed ‐$
Grand Total 12,501,471$
Number of Chartered Projects 20
Board Approved Program Budget 28,652,000$
Remaining Unallocated Budget 16,150,529$
Engineering Program Contract Performance Report
for Quarter Ending 9/30/2021
Table 7 ‐ Planning Studies Status Report
Page 15
Project Number Project Name Status Allocated Budget
RE17‐02 Biogas Scrubber Evaluation Active 865,000$
RE19‐01 Primary Scum Equipment Evaluation at Plant No. 1 Active 31,000$
RE20‐01 Co‐Thickened Sludge Density Meter Trial atl Plant No. 1 Active 121,000$
RE20‐02 Chemical Resilience Study at Plant No.1 and 2 Active 329,996$
RE20‐04 Holding Digester 6 Solids Shredder Study at Plant No. 1 Active 95,000$
RE20‐06 Co‐Thickened Sludge Pump Trial at Plant No. 1 Active 160,000$
Grand Total 1,601,996$
Number of Chartered Projects 7
Board Approved Program Budget 8,500,000$
Remaining Unallocated Budget 6,898,004$
Engineering Program Contract Performance Report
for Quarter Ending 9/30/2021
Table 8 ‐ Research Program Status Report
Page 16
Project Number Project Name Status Allocated Budget
FE10‐21 Area 02 Craig Regional Park Manhole Improvements Active 1,359,000$
FE14‐05 Plant No. 1 Fleet Services UST Leak Remediation Closed 1,202,568$
FE15‐07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Closed 2,800,988$
FE17‐01 Carbon Canyon Pipeline Sag Repairs Active 873,000$
FE17‐03 Battery Storage System at Plant No. 1 Active 650,000$
FE17‐05 Plant 1 ICS Network Extension Active 950,000$
FE18‐06 CenGen Instrument Air Compressors Replacement at Plant No. 1 Active 1,450,000$
FE18‐08 West Trunk Bypass Sewer Realignment Active 158,000$
FE18‐11 Headworks Explosive Gas Monitoring Systems at Plant No. 1 and No. 2 Active 605,000$
FE18‐12 Erosion Control at Santa Ana River and Hamilton Ave Active 445,000$
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 Active 2,840,000$
FE18‐14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2 Active 1,895,000$
FE18‐15 Plant Boiler System Relief at Plant No. 2 Active 465,000$
FE18‐16 Truck Loading Basement Drain Modifications at Plant No. 1 Active 592,000$
FE18‐17 Trunkline Sampler Power Feed at Plant No 2 Closed 248,993$
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active 1,188,000$
FE18‐20 DAFT Air Compressors Replacement at Plant No. 1 Active 1,200,000$
FE19‐01 Pump Station Portable Generator Connectors Active 2,570,000$
FE19‐02 Cengen Plant Water Pipe Replacement at Plant No. 1 Active 2,250,000$
FE19‐03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Active 3,200,000$
FE19‐04 Sunflower Pump Replacement at Plant No. 1 Active 6,300,000$
FE19‐06 EPSA Motor Cooling Improvements at Plant No. 2 Active 1,475,000$
FE19‐08 Secondary Treatment VFD Replacements at Plant No. 2 Active 3,337,000$
FE19‐09 Newhope ‐ Placentia Trunk Grade Separation Replacement Repairs Active 500,000$
FE19‐10 Digesters C, D, F, G and I Gas Balance Lines Replacement at Plant No. 2 Active 1,200,000$
FE19‐11 Primary Clarifiers Nos. 6‐31 Lighting and Alarm Improvements at Plant No. 1 Active 1,250,000$
FE19‐12 Rebuild Shop Fume Extractor Installation at Plant No 1 Active 445,000$
FE19‐13 VFD Replacements at Seal Beach Pump Station Active 690,000$
FE20‐01 Wastehauler Station Safety and Security Improvements Active 830,000$
FE20‐02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 Active 2,800,000$
FE20‐03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 Active 4,250,000$
FE20‐04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Active 3,500,000$
FE20‐05 Plant Water Piping Replacement at Secondary Clarifiers 1‐26 at Plant No. 1 Active 1,545,000$
FE20‐06 Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1 Active 1,500,000$
FE20‐07 Santa Ana Trunk Rehabilitation at Plant No. 1 Active 1,240,000$
FE20‐08 Olive Sub‐Trunk Siphon Rehabilitation at Santa Ana River Active 1,850,000$
FE20‐09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 Active 600,000$
FE20‐10 Adolfo Lopez Chemical Dosing Station Installation Active 1,000,000$
FE21‐01 Plasma Cutting Fume Extractor installation at Plant No. 1 Rebuild Shop Closed ‐$
Grand Total 61,254,549$
Number of Chartered Projects 39
Board Approved Program Budget 90,000,000$
Remaining Unallocated Budget 28,745,451$
Engineering Program Contract Performance Report
for Quarter Ending 9/30/2021
Table 9 ‐ Small Construction Projects Program Status Report
Page 17
Project Number Project Name Status Allocated Budget
IT16‐11 Business Continuity Plan Closed 117,600$
IT17‐06 Printer Obsolescence Closed 335,141$
IT17‐07 Safety Management Suite Closed 95,900$
IT17‐10 Electronic Operator Round Form Active 45,000$
IT17‐12 Sever/Network Power Improvements Active 90,000$
IT17‐14 Specialized Application Programing & Support Closed 114,296$
IT18‐03 Timecard Systems Upgrade Closed 78,696$
IT18‐09 Records Management Information System Active 323,591$
IT18‐10 Board Services Management System Closed 50,596$
IT19‐01 IT Safety VPP Systems (IT19‐01)Active 210,000$
IT19‐05 IT P1 & P2 Data Refresh (IT19‐05)Active 1,200,000$
IT20‐04 Cyber Security Program (IT20‐04) 6520004 Active 150,000$
IT20‐05 Client Management Modernization (ICE‐69_IT20‐05) 6520005 Active 99,000$
IT20‐06 Nintex Workflow Cloud Implementation (ICE‐75_IT20‐06) 6520006 Active 350,000$
IT20‐07 Professional Services for Valo/SharePoint (ICE‐74_IT20‐07) 6520007 Active 100,000$
IT20‐08 Field Computer for Nerissa and Interface with LIMS(ICE‐68_IT20‐07) 6520008 Active 121,000$
IT20‐09 ITSM Migration (ICE‐70_IT20‐09) 6520009 Active 275,000$
IT20‐10 Digitize Quality Assurance Tracking Processes /TNI/ELAP StandardsICE‐76_IT20‐10) 6520010 Active 145,700$
IT20‐11 Sewer Agency Fee System 2 (SAFS 2) Upgrade (ICE‐77 IT20‐11) 6520011 Active 42,042$
IT20‐12 Web‐based Cloud Proxy Security with an Isolation Platform (ICE‐78_6520012)Active 50,000$
IT21‐01 Access Network Equipment Obsolescence Replacement (ICE‐79_IT21‐01) 6521001 Active 1,249,500$
IT21‐02 Hyper Converged Infrastructure for Plant 1 ICS network (ICE‐80 IT21‐02) 6521002 Active 492,800$
IT21‐03 Door Access Control System for P2 Construction Management Trailers (ICE‐83_IT21‐036521003 Active 79,706$
IT21‐04 Databridge Scale Management Software (ICE ‐ 84_IT21‐04)Active 39,263$
Grand Total 5,854,831$
Number of Chartered Projects 24
Board Approved Program Budget 10,000,000$
Remaining Unallocated Budget 4,145,169$
Engineering Program Contract Performance Report
for Quarter Ending 9/30/2021
Table 10 ‐ Information Technology Capital Program Status Report
Page 18
Project Number Project Name Status Allocated Budget
MP‐276‐1 Central Generation Engine Overhauls at Plant No. 1 and Plant No. 2 Active 5,900,000$
SC17‐01 CENGEN #1 Elevator Rehab Active 110,020$
SC17‐03 CenGen Oil Filter Platform Closed 277,753$
SC18‐01 P1 Primary Clarifier Fall Protection Improvements Active 50,000$
SC18‐05 P1 Laboratory HVAC Boiler Burner Replacement At Plant No.1 Active 455,000$
SC18‐08 MacArthur Pump Station ‐ FM Valve Replacement Closed 71,068$
SC18‐09 Admin Bldg UPS System Replacement Active 81,332$
SC19‐02 Truck Loading‐Conveyors 3&6 (SC19‐02)Active 205,300$
SC19‐03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No. 2 Active 890,000$
SC19‐05 as the Lido PS UPS Replacement Closed 79,317$
SC19‐06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Active 1,600,000$
SC19‐07 Sunflower Pump Station Gearbox Swing Unit Purchase Closed 215,988$
SC20‐02 Ocean Outfall Booster Station Elevator Rehabilitation Active 410,000$
Grand Total 10,345,778$
Number of Chartered Projects 13
Board Approved Program Budget 15,622,000$
Remaining Unallocated Budget 5,276,222$
Engineering Program Contract Performance Report
for Quarter Ending 9/30/2021
Table 11 ‐ Operations & Maintenance Capital Program Status Report
Page 19
Engineering Program
Contract Performance Report
For the Period Ending September 30, 2021
PART 4 – SUPPLEMENTAL ENGINEERING SERVICES CONTRACT
In May 2016, OC San Board of Directors approved a $41 million professional services
agreement with Jacobs Project Management Co. to provide supplemental engineering
and support staff services for a four-year term with the option of three one-year renewals.
The benefits of using a supplemental engineering services contract, as opposed to hiring
full-time staff or limited-term employees, include rapid mobilization of highly
skilled/technical staff, flexibility to change the mix of staff positions on an immediate and
as-needed basis, the ability to reduce staff as workloads decrease, access to technical
experts to support special tasks, and access to staff with wastewater project experience.
A status table for the supplemental engineering services contract summary is attached
under Table 12, and the supplemental engineering services labor summary can be
found under Table 13.
Table 12 – Supplemental Engineering Services Contract Status
Total Fees Time
Contract $41,000,000 86 months
(1)
Actuals to Date $27,198,184 66% 65 months 76%
Remaining $13,801,816 34% 21 months 24%
(1) Assuming one more 1‐year extension
Table 13 ‐ Supplemental Engineering Services Labor Summary
This Quarter Inception to Date
Labor Hours 8,984 200,986
Full Time Equivalents 20.0 20.6
Labor Costs (no expenses) $1,250,075 $26,645,836
Average Hourly Rate $139 $133
Page 20
C~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1826 Agenda Date:11/3/2021 Agenda Item No:7.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PURCHASE OF INVENTORY CENTRIFUGE REPLACEMENT PARTS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order to GEA Mechanical Equipment US Inc. for the
Purchase and Replenishment of Inventory Replacement Parts for Thickening and Dewatering
Centrifuges, for the period beginning December 1, 2021 through November 30, 2022, to
maintain equipment warranty, for a total amount not to exceed $1,116,000; and
B. Approve a contingency of $111,600 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) operates six centrifuge process trains at Plant No. 1,
including three GEA-Westfalia Separator Co-Thickening Centrifuges and three GEA-Westfalia
Dewatering Centrifuges. The Co-Thickening Centrifuges thicken the sludge feed to the digestion
process by increasing solids density. As a result, greater amounts of solids are treated within each
digester resulting in highly efficient use of digesters. Dewatering centrifuges remove water from
biosolids to make the material suitable for truck transportation, resulting in fewer truckloads of
biosolids being hauled offsite. The sludge co-thickening and biosolids dewatering processes are
central to the energy recovery and biosolids recycling programs and for complying with OC San
operating permits.
RELEVANT STANDARDS
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
PROBLEM
The six centrifuge machines require periodic overhaul to replace wear and tear parts. Staff has
identified critical Original Equipment Manufacturer (OEM) spare parts that are necessary for these
periodic overhauls. The spare parts are fabricated on an as-needed basis and have longOrange County Sanitation District Printed on 10/25/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1826 Agenda Date:11/3/2021 Agenda Item No:7.
periodic overhauls.The spare parts are fabricated on an as-needed basis and have long
manufacturing lead times that could compromise availability of centrifuges.
PROPOSED SOLUTION
Approve a Sole Source Purchase Order to procure and place these spare inventory parts for six GEA
centrifuges into inventory.Having these consumable parts on hand will speed up the overhauls and
minimize process downtime.
TIMING CONCERNS
Significant process capacity disruptions are possible due to long lead times for procuring wear and
tear parts for overhaul or repair services for the Plant No.1 Co-Thickening or Dewatering
Centrifuges.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to maintain adequate spare parts in inventory could result in extended equipment downtime
affecting operational permits.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
GEA Mechanical Equipment US Inc.is the OEM and is the only authorized distributor within OC
San’s geographical region.GEA Mechanical Equipment US Inc.is a Board approved OEM vendor.
A 10%contingency is requested in the event of pricing changes due to tariffs,inflationary concerns,
delays in placing the order, or other unforeseeable changes.
The following is a projection of expenditures for the year based on repairs conducted over the last
two-years and upcoming scheduled maintenance.
Projected Type of
Work
Frequency Estimated Cost for
Parts per
Occurrence
Total Cost
Preventative
Maintenance
(Overhauls)
3 $232,000 $696,000
Corrective
Maintenance
3 $140,000 $420,000
TOTAL COST $1,116,000
CEQA
N/A
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File #:2021-1826 Agenda Date:11/3/2021 Agenda Item No:7.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repair and Maintenance line item for Plant No.1
Operations and Maintenance Department (Budget Update -Fiscal Year 2021-2022,Page 45).The
available funding is sufficient for this action.
Date of Approval Contract Amount Contingency
11/17/2021 $1,116,000 $111,600 (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:jg:no:ab:gc
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1919 Agenda Date:11/3/2021 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
SUPER CRITICAL WATER OXIDATION RESEARCH OPPORTUNITY
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement to 374Water Systems, Inc for the Super Critical
Water Oxidation Pilot at Plant No. 1, Project No. RE21-01, to provide goods and services for
demonstration of the 374Water AirSCWO Nix6 System, for an amount not to exceed
$5,139,000; and
B. Approve contingency funds for Project No. RE21-01, for a combined total not to exceed
$514,000 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) collects and processes 185 million gallons of
wastewater every day. Cleaning this water results in concentrated solids called sludge and scum.
These energy rich solids are processed through anaerobic digestion to create methane-rich gas and
biosolids. The methane-rich gas is cleaned and used in the treatment plants to make electricity and
heat. Biosolids are the residual material commonly used in the agricultural industry as a soil
amendment.
OC San continues to actively pursue management options to maintain a long-term program that
promotes beneficial use of biosolids. In accordance with the principles of its biosolids management
policy (Resolution No. OCSD 13-03), OC San maintains a diverse portfolio of biosolids management
options that utilize multiple contractors, facilities, and product markets, while maintaining fail-safe,
back-up options. This portfolio ensures that we have reliable options for managing the material
should regulations, market conditions, severe weather, or other situations impact any one
management option.
Most of OC San’s biosolids are either composted to create a soil amendment or directly applied to
agricultural land. Consistent with our policy to maintain diverse biosolids options, staff has been
actively researching new and innovative technologies. For example, in July 2021 OC San entered
into an agreement with the Rialto Bioenergy Facility for a pilot project to process up to 100 tons per
day of its biosolids in a thermal conversion process.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1919 Agenda Date:11/3/2021 Agenda Item No:8.
Staff has also been following a new technology for solids treatment for a number of years that takes
advantage of a unique property of water at high temperature and pressure.The technology presents
an opportunity to convert all complex organic material (including plastics and PFAS)to more basic
and benign compounds like nitrogen, water, carbon dioxide, and mineral salts.
A new company,374Water Systems,Inc.(374Water),with a novel,simpler process design,is moving
to scale-up their process technology from a one-ton-per-day unit operating at Duke University in
North Carolina.Assistant General Manager Rob Thompson witnessed the operation of the unit in
North Carolina in May.Staff is in discussions with 374Water to engage in a research program to
scale up and operate a six-ton-per-day unit and,if successful,potentially a thirty-ton-per-day unit.
These first of their kind units at these flow rates will require testing under real-world wastewater plant
conditions.Staff believes it is worth pursuing a demonstration scale project due to the process and
mechanical simplicity.
It is also important to note that this process will only treat concentrated solids streams,not the entire
water flow.Part of the research process will be to document the ability of the system to destroy
plastics,PFAS type compounds,and other constituents of emerging concern that can be
concentrated in sludge streams.The proposed research/demonstration program would be capable
of treating raw primary and secondary sludge, biosolids, and food waste.
OC San has a long history of researching new and innovative technologies to improve wastewater
treatment and resource recovery.OC San’s budget contains a Master Research Program line item
which can be found on page A-9 of the Fiscal Year 2021-22 Budget Update.This line item is the
intended funding source for this research opportunity.
RELEVANT STANDARDS
·Provide technology leadership to the wastewater industry
·Search for technology solutions to neutralize constituents of emerging concern
·Maintain a culture of improving efficiency
PROBLEM
OC San’s Biosolids Master Plan,Biosolids Policy,and 2019 Strategic Plan support diversification of
biosolids management options including researching new technology.Potential future regulations
could target emerging pollutants such as PFAS compounds present at low levels in biosolids and
could require treatment or destruction of PFAS in biosolids.
PROPOSED SOLUTION
In continuing OC San’s course of providing leadership and innovation with the evaluation of emerging
technology,staff recommends entering into an agreement with 374Water to demonstrate the efficacy
of the supercritical water oxidation process by procuring and operating an AirSCWO Nix6
Demonstration Unit as part of Project No. RE21-01.
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File #:2021-1919 Agenda Date:11/3/2021 Agenda Item No:8.
TIMING CONCERNS
OC San has a unique opportunity to team with 374Water to demonstrate this emerging technology
with a six-ton-per-day process unit.As part of the shared commitment with 374Water,the costs for
supplying,commissioning,operating,and maintaining this unit are significantly discounted.Initiating
this project now will demonstrate OC San’s commitment to this emerging technology and will provide
guidance for the planning and implementation of solids treatment processes in the future.
RAMIFICATIONS OF NOT TAKING ACTION
N/A
PRIOR COMMITTEE/BOARD ACTIONS
July 2021 - Operations Committee Information Item.
ADDITIONAL INFORMATION
The site and utilities work for this project will be designed by 374Water under this Agreement.The
execution of the Public Works site and utilities work will be competitively bid by OC San under a
separate procurement.
CEQA
The project is exempt from CEQA under the Class 6 categorical exemptions set forth in California
Code of Regulations Section 15306.A Notice of Exemption will be filed with the OC Clerk-Recorder
after OC San Board approval of the Professional Services Agreement.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item will be
funded through the Research Program (M-RESEARCH)and has been budgeted.(FY2021-22
Update, Appendix A, Page A-9).
Date of Approval Contract Amount Contingency
11/17/2021 $5,139,000 $514,000
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Agreement
·Presentation
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 17th day of November, 2021 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OC SAN", and 374Water Systems, Inc, for purposes of this Agreement hereinafter referred
to as "CONSULTANT".
WITNESSETH:
WHEREAS, OC SAN desires to engage a CONSULTANT for Supercritical Water Oxidation Demonstration at Plant No. 1, Project No. RE21-01; and to furnish goods and services for a demonstration project of the 374Water Air SCWO Nix6 system, and the goods and services are generally described as the design, fabrication, construction, installation, startup, commissioning, operations, sampling, testing, maintenance and support services and
final report monitoring services for 374Water AirSCWO Nix6 system and,
WHEREAS, CONSULTANT is qualified to provide the necessary goods and services in
connection with these requirements and has agreed to provide the necessary goods and services; and,
WHEREAS, OC SAN has adopted procedures for the selection of professional servicesand has proceeded in accordance with said procedures to select a CONSULTANT to performthis work; and,
WHEREAS, at its regular meeting on November 17, 2021 the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee pursuant to OCSAN’s Ordinance No. OC SAN-56 to approve this Agreement between OC SAN and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which willresult to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1.SCOPE OF WORK
CONSULTANT agrees to furnish all labor, materials, and services to accomplish therequirements defined in the CONSULTANT’s Scope of Work attached hereto asAttachment “A", and by this reference made a part of this Agreement. The Scope ofWork incorporates the following four (4) types of activities:
(1)the design services set forth in Section A-1 of Attachment “A” (the “DESIGNSERVICES”) for the site work that is necessary for the installation of the SYSTEM(the “SITE WORK”);
(2)the sale of the equipment described in Section A-2 of Attachment “A”, suchequipment consisting of the following components: (a) the dewatering unit describedin Section A-2 of Attachment “A” (the “DEWATERING UNIT”) and (b) the treatment
unit described in Section A-2 of Attachment “A” (the “AirSCWO NIX6 UNIT”). (The
DEWATERING UNIT and the AirSCWO NIX6 UNIT are collectively referred to hereinas the “SYSTEM”);
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(3) the installation, operations, maintenance, and training services described in Section A-3 of Attachment “A”; and
(4) technical support of OC SAN in its operation and maintenance of the SYSTEM for six (6) months after the conclusion of the CONSULTANT OPERATING TERM (as
defined below) as described in Section A-4 of Attachment “A” (the “SYSTEM SUPPORT SERVICES”). A. DESIGN SERVICES. The provisions set forth in this Section 1.A shall apply only with respect to the DESIGN SERVICES- Section A-1 of Attachment “A” and not to any other obligations of CONSULTANT set forth herein. 1. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where
approval by OC SAN is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by
errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants.
2. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. CONSULTANT shall respond to all comments, suggestions, and recommendations on OC SAN’s review comment sheets. All comments shall be incorporated into the design prior to the next submittal deadline or addressed, in writing, as to why the comment has not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e., correct references, terms, capitalization or equal status, spelling, punctuation, etc.) 3. In the event that work does not conform to the requirements of this Agreement
or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe
specified by the Project Engineer/Project Manager. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions.
4. All CAD drawings, figures, and other work deliverables as part of the DESIGN SERVICES, that are used for the purpose of soliciting bids for construction, shall be produced by CONSULTANTS and Subconsultants using OC SAN CAD Manual. Conversion of CAD work from any other non-standard CAD format to OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall conform to OC SAN specifications. Any changes to these specifications by the CONSULTANT are subject to review and approval of OC SAN.
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Electronic files shall be subject to an acceptance period of ten (10) calendar days during which OC SAN shall perform appropriate reviews and including
CAD Manual compliance. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to OC SAN.
5. The CONSULTANT shall ensure that all plans and specifications prepared or recommended under this Agreement allow for competitive bidding of the SITE WORK by OC SAN. The CONSULTANT shall design such plans or specifications so that procurement of services, labor or materials are not available from only one source and shall not design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary process, unless required by principles of sound engineering practice and supported by a written justification that has been approved in writing by OC SAN. The CONSULTANT shall submit this written justification to OC SAN prior to beginning work on such plans and
specifications. Whenever the CONSULTANT recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that can meet the functional requirements
applicable to the project. 6. The DESIGN SERVICES and the deliverables furnished as part of the DESIGN
SERVICES, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT and their subconsultants, pursuant to this Agreement, are for the sole use of OC SAN, its agents, and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN. B. OC SAN’S OBLIGATION TO COMPLETE SITE WORK AND SALE OF SYSTEM.
CONSULTANT’S obligations set forth in this Section 1.B shall apply only to the sale of the SYSTEM.
1. As between the CONSULTANT and OC SAN, the completion of the SITE WORK in accordance with the designs, drawings, and specifications provided by the CONSULTANT shall be the sole responsibility of OC SAN shall use
commercially reasonable efforts to complete the SITE WORK in accordance with the project schedule set forth in Attachment “A” – Scope of Work shall notify CONSULTANT in writing when it believes that the SITE WORK has been completed, and CONSULTANT shall promptly thereafter inspect the SITE WORK for conformance to the designs, drawings, and specifications provided to OC SAN under the DESIGN SERVICES. If CONSULTANT believes that the SITE WORK does not conform to the design, drawings, or specifications, CONSULTANT shall notify OC SAN of the details of such nonconformance, and OC SAN shall promptly remedy such nonconformance at OC SAN’s sole cost and expense. In the event of any delay caused by the SITE WORK not
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meeting the project schedule set forth in Section A-2 of Attachment “A”, OC SAN shall be responsible for reimbursing CONSULTANT for its costs and
expenses incurred as a result of such delay. 2. Following OC SAN’s completion of the SITE WORK in accordance with the
designs, drawings, and specifications provided to OC SAN under the DESIGN SERVICES, as reasonably determined by the CONSULTANT, CONSULTANT shall deliver the SYSTEM in accordance with the timeframe specified in Attachment “A” provided that any such timeframe shall be extended by the number of days by which the SITE WORK was not completed in accordance with the project schedule set forth in Section A-2 of Attachment “A”. For the avoidance of doubt, CONSULTANT shall have no obligation to deliver or install the SYSTEM unless and until the SITE WORK is completed in accordance with the terms of this Agreement. 3. Upon (1) payment in full by OC SAN for the SYSTEM in accordance with this
Agreement and (2) the conclusion of the Section A-3 of Attachment “A”, CONSULTANT shall provide to OC SAN a bill of sale transferring title to the SYSTEM and any components thereof, free of any liens or encumbrances.
Concurrently therewith, CONSULTANT shall also provide OC SAN with the operations and maintenance manual, step-by-step standard operating procedures, and diagrams of the SYSTEM (such items, the
“DOCUMENTATION”). C. INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES. The provisions set forth in this Section 1.C shall apply only with respect to the Section A-3 of Attachment “A” and not to any other obligations of CONSULTANT set forth herein. 1. Following the delivery and sale of the SYSTEM as contemplated in Section 1.B.2 and Section 1.B.3, the CONSULTANT shall use commercially reasonable efforts to install the SYSTEM as described in Section A-3 of Attachment “A”.
2. Commencing on the date on which the SITE WORK described in Section 1.B.2. is complete and with the completion of Task 5 in Section A-3 of Attachment “A”, the CONSULTANT shall perform Tasks 6–8 in Section A-3 of Attachment “A”.
3. Ending on the date that is six (6) months from the commencement of Task 7 in Section A-3 of Attachment “A” (“CONSULTANT OPERATING TERM”) and
successful achievement of operating criteria identified in the “Controlled Study Plan”, CONSULTANT and OC SAN shall reasonably cooperate to transfer the ongoing operation and maintenance of the SYSTEM to personnel of OC SAN shall make available qualified operations personnel and CONSULTANT shall use commercially reasonable efforts to train such personnel to operate and maintain the SYSTEM in accordance with the DOCUMENTATION. 4. Upon the completion of Tasks 5-9 in Section A-3 of Attachment “A”, INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES shall automatically terminate, and, as between the parties, OC SAN shall be
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solely responsible for all operating and maintenance activities pertaining to the SYSTEM.
D. SYSTEM SUPPORT SERVICES. The provisions set forth in this Section 1.D shall apply only with respect to the SYSTEM SUPPORT SERVICES and not to any other
obligations of CONSULTANT set forth herein 1. Commencing on the completion of INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES and continuing for a period of no more than six (6) months thereafter, CONSULTANT shall use commercially reasonable efforts to provide Section A-4 of Attachment “A” on-demand O&M support of the SYSTEM in accordance with Section A-4 of Attachment “A”. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions: A. Total Compensation
Total compensation shall be firm fixed price Five Million One Hundred Thirty-Nine Thousand Dollars ($5,139,000) total compensation to CONSULTANT including
burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall be a firm fixed price as set forth in Attachment “E” - Fee Proposal.
B. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing its obligations under this Agreement described in CONSULTANT’s Attachment “A” will exceed one hundred percent (100%) of the approved total amount of the Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete its obligations hereunder. Any cost incurred in excess of the approved total amount of the Agreement without the express written consent of OC SAN’s authorized representative shall be at CONSULTANT’s own risk. This written
notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT’s invoice and monthly progress report.
3. REALLOCATION OF TOTAL COMPENSATION
OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that (i) the total compensation is not increased or decreased and (ii) no reallocation between (a) the DESIGN SERVICES, (b) the sale of the SYSTEM, (c) the INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES, or (d) the SYSTEM SUPPORT SERVICES shall be permitted without the consent of CONSULTANT.
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4. PAYMENT A. Payments for DESIGN SERVICES, INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES, and SYSTEM SUPPORT SERVICES.
1. OC SAN agrees to pay the CONSULTANT based on the itemized breakdown stated in Attachment “E”. CONSULTANT will submit monthly invoices for DESIGN SERVICES, INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES, and SYSTEM SUPPORT SERVICES. CONSULTANT shall include in its monthly invoice for the DESIGN SERVICES, INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES, and SYSTEM SUPPORT SERVICES, 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.
2. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format
reasonably required by OC SAN. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by OC SAN. Upon approval of such payment request by OC SAN, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the approved invoiced amount on a per-project-element basis, and in any event, within thirty (30) days of OC SAN’s approval of undisputed invoice or
statement. For the DESIGN SERVICES and other services described in Attachment “A”
and Attachment “E” of this Agreement as applicable, If OC SAN determines that such work is incomplete and that the amount of payment with respect to such incomplete work is in excess of:
(i) The amount considered by OC SAN’s Director of Engineering to be adequate for the protection of OC SAN in its efforts to complete the work;
or (ii) The percentage of the work accomplished for each project element. Director of Engineering may, at his/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 the DESIGN SERVICES and other services described in Attachment “A” and Attachment “E” as applicable.
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3. Upon completion by CONSULTANT in accordance with Attachment “E” and this Agreement of DESIGN SERVICES; INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES; or SYSTEM SUPPORT
SERVICES, as the case may be, and upon acceptance of such work by OC SAN, such acceptance not to be unreasonably withheld, conditioned, or delayed, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to any portions of the work. 4. Upon completion of the DESIGN SERVICES, INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES, or SYSTEM SUPPORT SERVICES performed hereunder and prior to final payment under this Agreement for the applicable work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute
and deliver to OC SAN a release of all claims against OC SAN arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in
stated amounts to be set forth therein. 5. Pursuant to the California False Claims Act (Government Code Sections
12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. 6. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved
by OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC
SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
B. Payments for Sale of the SYSTEM. This Section 4.B. shall apply only to the sale of the SYSTEM. 1. Payments for the sale of the SYSTEM shall be made based on the achievement of the milestones and pursuant to the schedule set forth on Attachment “E”. 2. Payment shall be made by OC SAN within thirty (30) days of OC SAN’s approval of the CONSULTANT’s invoice setting forth the amount of payment
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and the corresponding milestone(s) for which such payment is sought. OC SAN to review and approve invoices in 10 business days.
3. If OC SAN issues a purchase order, then (a) OC SAN shall inform CONSULTANT of such purchase order and (b) invoices shall include the
purchaser order number. 4. Invoices shall be emailed by CONSULTANT to OC SAN at APStaff@ocsan.gov and “INVOICE” and the purchase order number shall be referenced in the subject line. 5. If any amount is the subject of a good faith dispute between CONSULTANT and OC SAN, OC SAN shall pay the amounts due under the applicable invoice, less the disputed amount, and shall advise CONSULTANT in reasonable detail of the reason for the dispute. CONSULTANT and OC SAN will negotiate in good faith to attempt to resolve such dispute, and if such efforts are unsuccessful, the provisions of Section 18 shall apply. 6. CONSULTANT assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other services associated with delivery of the SYSTEM. 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the applicable job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
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6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS.
A. Ownership of Documents for the DESIGN SERVICES.
All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared as deliverables under the DESIGN SERVICES only, shall be the property of OC SAN. OC SAN’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. OC SAN ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the DESIGN 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. C. For the avoidance of doubt, CONSULTANT retains ownership of, and does not transfer any right, title, or interest in or to any intellectual property rights other than as expressly set forth in Section 6.A. D. Any software, including without limitation, source code, object code or microcode that is included with or embed in the System (collectively, the "Software") is owned by CONSULTANT and is the Confidential Information of CONSULTANT. Subject to the terms and conditions of this Agreement, OC SAN is granted a non-exclusive, non-transferable, and non-sublicensable license to use the Software
solely in connection with OC SAN's use of the System. The rights and licenses granted to OC SAN with respect to the Software are limited to those expressly stated in this Agreement, and no other rights or licenses shall arise by implication
or otherwise. Without limiting the generality of the foregoing, OC SAN shall not at any time, directly or indirectly, except as explicitly provided herein: (i) use the Software for any purpose other than as specified in this Agreement or knowingly
make the Software available to unauthorized parties; (ii) copy, display, distribute or modify the Software in any manner or create derivative works based on the Software; (iii) rent, lease, lend, sell, license, sublicense, or otherwise distribute all or any part of the Software; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code of the Software, in whole or in part, or (v) access the Software in order to (1) build a competitive product or service, or (2) copy any content, features, functions or graphics of the Software.
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7. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies
acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Workers’ Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by OC SAN or its
agent. iii. Coverage shall be in effect prior to the commencement of any work under this
Agreement. B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, commercial general liability insurance written on an occurrence basis providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000) per occurrence with Three Million Dollars ($3,000,000) 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 OC SAN and applicable, XCU coverage (Explosion, Collapse and Underground)
and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability The minimum limits of general liability and automobile liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability.
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D. Automobile/Vehicle Liability Insurance
The CONSULTANT shall maintain a policy of automobile liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability
coverage: combined single limit of One Million Dollars ($1,000,000). A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to OC SAN. F. Workers’ Compensation Insurance The CONSULTANT shall provide such workers’ compensation insurance as required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC
SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, for the duration of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) 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 Effective Date of this Agreement.
In the event of termination of said policy during the 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,
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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 OC SAN a certificate of insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. H. Pollution Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, Pollution Liability insurance coverage in the amount of not less than One Million Dollars ($1,000,000), of a type that is appropriate for the product or service offered.
I. Proof of Coverage
The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and
endorsements are to be received and approved by OC SAN before work commences. OC SAN reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage:
● Certificate of Insurance ACORD Form 25 (5/2010) or equivalent.
● Additional Insurance
(General Liability)
(ISO Form) CG2010 11 85 or The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must
be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
● Additional Insured (Auto Liability) Submit endorsement provided by carrier for OC SAN approval.
● Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent.
● Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent.
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J. 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 OC SAN except for nonpayment of premium, which shall require not less than ten (10) days written notice to OC SAN. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to OC SAN 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 OC SAN 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 OC SAN. K. Primary Insurance All liability policies shall contain a Primary and Non-Contributory Clause. Any other insurance maintained by OC SAN shall be excess and not contributing with
the insurance provided by CONSULTANT. L. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. M. 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. N. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to OC SAN on the Certificate of Insurance. All deductibles and/or self-insured retentions require
approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses. O. 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.
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P. 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. Q. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 8. SCOPE CHANGES In the event of a change in the Scope of Work, reasonably requested by OC SAN, the
parties hereto shall use good faith efforts to negotiate 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. In no event shall (a) either party be required to
accept a change in the Scope of Work or (b) CONSULTANT be bound to perform any requested change in the Scope of Work until the parties agree in writing to such change. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to OC SAN, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT’s project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 - COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT’s project team members without prior written approval by OC SAN.
10. ENGINEERING REGISTRATION AND CONTRACTOR LICENSING
A. The CONSULTANT shall comply with the Contractor’s license requirements, certifications, training, skills, experience, and other qualifications related to goods and services supplied with the SYSTEM.
B. The CONSULTANT’s personnel and their subconsultants performing the DESIGN and other professional services, as appliable, that are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers.
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11. AUDIT PROVISIONS
A. From the Effective Date until CONSULTANT’s receipt of the final payment hereunder, OC SAN retains the right to perform an audit using its own staff or engage a third party auditor who does not have a conflict with CONSULTANT, to
access, review, examine, and audit, at OC SAN’s own cost and expense, any books and records that CONSULTANT is required by this Agreement to maintain and that OC SAN determines reasonably necessary to verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. OC SAN retains the right to perform an audit using its own staff or engage a third party auditor who does not have a conflict with CONSULTANT, to examine CONSULTANT’s financial books and records OC SAN that are reasonably
necessary to 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 for the periods of time required under Sections 11.A and 11.B. D. The provisions of this Section D shall apply to any audit conducted pursuant to this Section 11. The CONSULTANT shall make available to OC SAN’s third party auditor for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of written notice from OC SAN. Promptly following such auditor’s written request, the CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified
employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all project related accounting records and documents, and any other financial data. Any records or documents provided to or otherwise made
available by CONSULTANT under this Section 11 are and shall remain the confidential information of CONSULTANT and may not be disclosed to any third party or used for any reason other than as set forth in this Section 11.
Notwithstanding anything to the contrary in this Agreement, in no event shall CONSULTANT be obligated to provide OC SAN or its auditor technical information regarding the SYSTEM that CONSULTANT maintains as a trade secret. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of OC SAN.
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13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid. Notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: «Contracts Administrator’s Name», «Contracts Administrator’s Title» Copy: Jacob Dalgoff, Project Manager Notices shall be mailed to CONSULTANT at:
374Water Systems, Inc. 3710 Shannon Road Suite 51877 Durham, NC 27717
Attention: Kobe Nagar, President and Chief Executive Officer Copy: Belton Copp, Project Manager
All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN’s staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT.
14. TERMINATION OC SAN may terminate this Agreement at any time, without cause, upon giving sixty (60) 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 and for any non-cancellable costs that will be incurred following the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES.
If not earlier terminated in accordance with the provisions set forth in this Section 14, this Agreement shall automatically terminate upon the completion of sale of the System and the completion of all of the services set forth in Sections A-1 through A-3 of Attachment
“A”.
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15. DESIGN SERVICES DOCUMENTS; RESULTS; PUBLICITY
The documents specified in Section A-1 of Attachment A as deliverables to be provided by CONSULTANT as part of the DESIGN SERVICES shall become the property of OC SAN upon the completion of the work. CONSULTANT agrees to furnish to
1. OC SAN copies of such deliverables promptly following its receipt of a request in writing by OC SAN. Except as set forth in this Section 15, CONSULTANT transfers no intellectual property rights to OC SAN under this Agreement. 2. If at any time following the transfer of title to the SYSTEM to OC SAN, CONSULTANT learns any information about the SYSTEM as a result of its performance of the INSTALLATION, OPERATIONS, MAINTENANCE, AND TRAINING SERVICES; or SYSTEM SUPPORT SERVICES (any such information, the “RESULTS”), then CONSULTANT shall have the right to use the RESULTS for any purpose. OC SAN may not use the results for any purpose other than as
necessary or useful to operate, maintain and repair the System for its intended purpose. Use of this material for the purpose of presenting at trade shows and/or conferences is acceptable with the approval of CONSULTANT. 3. The parties shall use reasonable efforts to, promptly following the Effective Date, issue a mutually agreed-upon joint press release or other document as required by law regarding the fact that the parties have entered into this Agreement. Promptly following the conclusion of the CONSULTANT OPERATING TERM, the parties shall use reasonable efforts to issue an additional mutually agreed-upon joint press release regarding OC SAN’s purchase and operating of the SYSTEM. Any information contained in any such press release may be subsequently disclosed by
either party without the consent of the other party for any purpose. OC SAN hereby agrees to allow CONSULTANT to bring prospective investors and customers to OC SAN’s property to view the SYSTEM during regular business hours during the
CONSULTANT OPERATING TERM. Following the conclusion of the CONSULTANT OPERATING TERM, and following CONSULTANT’s reasonable advance written request, OC SAN agrees to permit CONSULTANT and its
prospective customers to access and view the SYSTEM during regular business hours. 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.
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B. Air Pollution
CONSULTANT and its subconsultants and subcontractors shall comply with all federal, state and local air pollution control laws and regulations applicable to the services provided under this Agreement.
17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY FOR DESIGN SERVICES; WARRANTY OF SYSTEM WARRANTY FOR DESIGN SERVICES. CONSULTANT shall perform the DESIGN
SERVICES in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of the DESIGN SERVICES, OC SAN informs CONSULTANT that any part of the DESIGN SERVICES fail to meet those
standards, CONSULTANT shall, within the time prescribed by OC SAN, use commercially reasonable efforts to correct or complete the noted deficiency(ies). WARRANTY OF SYSTEM. If, within the 12-month period following completion of startup and commissioning of the SYSTEM, performed as part of Task 6 in Section A-3 of Attachment “A” as described in Section 1.C.2, OC SAN informs CONSULTANT that any part of the SYSTEM fails to meet the applicable standards required under this Agreement, CONSULTANT shall, within the time agreed to by OC SAN and CONSULTANT, use commercially reasonable efforts to correct or remedy the noted deficiency(ies) at CONSULTANT’S sole cost and expense. If the defect cannot be
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corrected or remedied through CONSULTANT’s use of commercially reasonable efforts after a reasonable period of time, then OC SAN’s sole remedy shall be to re-sell the
AirSCWO Nix6 to CONSULTANT in accordance with the procedures set forth in Section 28. Notwithstanding the foregoing, if the failure of the SYSTEM to meet the applicable standards is the result of OC SAN’s use of the SYSTEM in a manner other than that for
which it was designed or intended or otherwise not in accordance with the DOCUMENTATION, CONSULTANT shall not be obligated to correct or remedy such defect. OC SAN shall provide CONSULTANT remote monitoring access to the control system via the web. EXCEPT AS SET FORTH IN THIS SECTION 21, CONSULTANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. 22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’s sole cost and expense and with legal counsel approved by OC SAN,
which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’s officers, directors, employees, CONSULTANT’s, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages,
liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’s fees and costs and OC SAN’s general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding
the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or
(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.
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CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the
provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this Agreement are
contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. LIMITATION OF LIABILITY
Except for CONSULTANT’s obligations to indemnify and defend OC SAN for personal injury, bodily injury and property damage to the extent otherwise required by this
Agreement, the CONSULTANT’s total liability to OC SAN arising out of or in connection with this Agreement shall not exceed 300% value of the AirSCWO NIX6 UNIT as stated in Attachment “E”.
25. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes.
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26. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES
CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time. 27. CLOSEOUT When OC SAN determines that all Work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, OC SAN shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout.
Upon receipt of CONSULTANT’s submittals, OC SAN shall commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by OC SAN. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to OC SAN (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of
the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance.
Any failure by OC SAN to reject the work or to reject the CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by OC SAN for any purpose nor imply acceptance of, or agreement with, the
CONSULTANT’s request for final Agreement Acceptance. 28. 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. This Section 28 shall not operate to excuse or delay the performance of any payment obligation.
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29. SYSTEM UPGRADE CREDIT; CONSULTANT’S REPURCHASE RIGHT
If, within two years of the Effective Date, OC SAN desires to purchase a larger system
from CONSULTANT (for example, the CONSULTANT’S “AirSCWO NIX30 UNIT”), then
OC SAN shall have the right to return the AirSCWO NIX6 UNIT, at OC SAN’s cost and expense, to CONSULTANT in exchange for a credit against the purchase price of such
larger system. The value of such credit shall be the amount of the purchase price
identified on Section A-2 of Attachment “A” for the AirSCWO NIX6 UNIT.
If, at any time, OC SAN desires to cease operation of the SYSTEM or desires to dispose of the SYSTEM in whole or in part, OC SAN shall provide CONSULTANT with sixty (60)
days prior written notice, and CONSULTANT shall have the right to purchase the
AirSCWO NIX6 UNIT from OC SAN for a price equal to the market price identified on
Section A-2 of Attachment “A” for the AirSCWO NIX6 UNIT. This Section 29 shall survive the termination of this Agreement.
30. SEVERABILITY; ENTIRE AGREEMENT If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement 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. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter
thereof.
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IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above
written.
CONSULTANT: 374WATER SYSTEMS, INC. By __________________________________________________ Date __________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________ John B. Withers Date
Board Chairman By __________________________________________________ Kelly A. Lore Date Clerk of the Board By __________________________________________________ Ruth Zintzun Date
Purchasing & Contracts Manager Attachments:
Attachment “A” – Scope of Work Attachment “B” – Not Used Attachment “C” – Conflict of Interest Disclaimer
Attachment “D” – Not Used Attachment “E” – Fee Proposal Attachment “F” – Not Used Attachment “G” – Acknowledgement of the Agreement Attachment “H” – Not Used Attachment “I” – Not Used Attachment “J” – Not Used Attachment “K” – Not Used Attachment “L” – Contractor Safety Standards
10/26/2021
1
Super Critical Water
Oxidation Solids Treatment
Presented by:
Robert Thompson
Assistant General
Manager
Operations
Committee
November 3, 2021
2
•Super Critical Water Oxidation
allows you incinerate wet solids.
•There is no need to dry the solids
•Energy Savings
•No Gummy Sludge
•No Dryer Dust Fires
•Less Handling of Abrasive Material
•Can destroy chemicals like PFAS
What’s
So
Special?
1
2
10/26/2021
2
3
Properties
of Super
Critical
Water
•Oil and water mix
•Organics are soluble
•Oxygen can mix freely
•Organic chemical bonds are
broken
•Salts don’t dissolve
•Managing this problem is key
Technical Details
4
3
4
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10/26/2021
3
5
Proposed Research Project
Solids
Feed
System
(Up to 30
tons/day)
Nix 6 Air Super
Critical Water
Oxidation Unit
(Up to 6
tons/day)
Raw Sludge
Biosolids
Food Waste
Exhaust
Gas
Water with
Salts to
Headworks
6
Project Item Cost
374 Water Contract (Equipment and Operation) $5,139,000
Public Works Site Prep and Utilities $250,000
OC San Laboratory Support $120,000
OC San Staff Costs/Operation $254,000
Contingencies $1,127,000
Total Project Cost $6,890,000
Proposed Project Budget
5
6
10/26/2021
4
7
Proposed Project Schedule
Milestone Date
Award Contract to 374 Water November 2021
Site Design and Bid November 2021 –July 2022
Fabricate Nix 6 and Solids Feed November 2021 –July 2022
Site and Utility Construction August 2022 – September 2022
Install and Commission Unit September 2022 ‐October 2022
374 Water Startup and Operation November 2022‐January 2023
OC San Own and Operate February 2023 –November 2023
7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1884 Agenda Date:11/3/2021 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Celia Chandler, Director of Human Resources
SUBJECT:
HUMAN RESOURCES DEPARTMENT OVERVIEW
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 Human Resources Department
Overview.
RELEVANT STANDARDS
·Cultivate a highly qualified, well-trained, and diverse workforce
·Plan for and execute succession, minimizing vacant position times
·Provide professional growth and development
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
Orange County Sanitation District Printed on 10/26/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
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.