HomeMy WebLinkAbout03-24-2021 Steering Committee Meeting Complete Agenda Packet 03-19-2021
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19)
AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as
a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor
Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which
temporarily suspends portions of the Brown Act which addresses the conduct of public
meetings.
The General Manager and the Chairman of the Board of Directors have determined that
due to the size of the Orange County Sanitation District’s Board of Directors (25), and the
health and safety of the members, the Board of Directors will be participating in meetings
of the Board telephonically and via Internet accessibility.
PUBLIC PARTICIPATION
Your participation is always welcome. The Steering Committee meeting will be available
to the public online at:
https://ocsd.legistar.com/Calendar.aspx
You may submit your comments and questions in writing for the Steering Committee’s
consideration in advance of the meeting by using the eComment feature available
via the webpage above or sending them to OCSanClerk@ocsd.com with the subject
line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)”
or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by
5 :00 p.m. on Tuesday, March 23, 2021.
You may also submit comments and questions for the Steering Committee’s
consideration during the meeting by using the eComment feature that will be available
via the webpage above for the duration of the meeting.
All public comments will be provided to the Steering Committee and may be read into
the record or compiled as part of the record.
Thank you.
March 19, 2021
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING – 5:00 P.M.
Wednesday, March 24, 2021
ACCESSIBILITY FOR THE GENERAL PUBLIC
Due to the spread of COVID-19, the Orange County Sanitation District will
be holding all upcoming Board and Committee meetings by
teleconferencing and Internet accessibility. This meeting will be available
to the public online at:
https://ocsd.legistar.com/Calendar.aspx
The Regular Meeting of the Steering Committee of the Orange County
Sanitation District will be held in the manner indicated above on
Wednesday, March 24, 2021 at 5:00 p.m.
STEERING COMMITTEE AND
BOARD MEETING DATES
April 28, 2021
May 26, 2021
June 23, 2021
July 28, 2021
August 25, 2021
September 22, 2021
October 27, 2021
November 17, 2021 *
December 15, 2021 *
January 26, 2022
February 23, 2022
March 23, 2022
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: March 24, 2021 Meeting Time: 5:00 p.m.
Committee Members
David Shawver, Board Chair…………………………………………… ____
John Withers, Board Vice-Chair……………………………………….. ____
Stacy Berry, Operations Committee Chair…………………………. ____
Jesus Silva, LaPA Committee Chair…………………………………… ____
Chad Wanke, Administration Committee Chair……………………… ____
Sandra Massa-Lavitt, Member-At-Large……………………………… ____
Glenn Parker, Member-At-Large………………………………………… ____
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…………...…………………………… ____
Other Staff Present
ORANGE COUNTY SANITATION DISTRICT Effective 2/9/2021 BOARD OF DIRECTORS
Complete Roster
AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE
DIRECTOR
Anaheim
Stephen Faessel
Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut Cypress Stacy Berry Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
Fullerton Jesus J. Silva Nick Dunlap
Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick
Irvine Anthony Kuo
Farrah N. Khan
La Habra Rose Espinoza Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark A. Chirco Ron Bates Newport Beach Brad Avery Joy Brenner
Orange Kim Nichols Chip Monaco
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt
Schelly Sustarsic
Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard
Villa Park Chad Zimmerman Robert Collacott
Sanitary/Water Districts
Costa Mesa Sanitary District
Bob Ooten
Art Perry Midway City Sanitary District Andrew Nguyen
Sergio Contreras Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
STEERING COMMITTEE
Regular Meeting Agenda
Wednesday, March 24, 2021 - 5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside the main gate of the Sanitation District’s Administration Building located
at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com
not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda
item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority
of the Board of Directors, are available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to
be considered or discussed. The recommended action does not indicate what action will be taken. The Board
of Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of
the meeting. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must
be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsd.com at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450
STEERING COMMITTEE Regular Meeting Agenda Wednesday, March 24, 2021
CALL TO ORDER
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. The Steering Committee meeting will be available to the public online at:
https://ocsd.legistar.com/Calendar.aspx.
You may submit your comments and questions in writing for the Steering Committee’s consideration in advance of
the meeting by using the eComment feature available via the webpage above or sending them to
OCSanClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to
your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 5:00 p.m. on
March 23, 2021.
You may also submit comments and questions for the Steering Committee’s consideration during the meeting by
using the eComment feature that will be available via the webpage above for the duration of the meeting. All
public comments will be provided to the Steering Committee and may be read into the record or compiled as part
of the record.
REPORTS:
The Board 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.
1.2021-1500APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held February 24,
2021.
Originator:Kelly Lore
Agenda Report
02-24-2021 Steering Committee Minutes
Attachments:
Page 1 of 3
STEERING COMMITTEE Regular Meeting Agenda Wednesday, March 24, 2021
2.2021-1459AUTHORIZATION OF CONTRIBUTION TO CASA EDUCATION
FOUNDATION SCHOLARSHIP FUND
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OC SAN 21-XX, entitled “A Resolution of the Board of Directors
of the Orange County Sanitation District approving a not to exceed Annual contribution
amount of $2,500 to the California Association of Sanitation Agencies (CASA)
Education Foundation Scholarship Fund beginning FY 2020-2021; and Repealing
Resolution No. OCSD 15-22”.
Originator:Jim Herberg
Agenda Report
Draft Resolution No. OC SAN 21-XX
Attachments:
NON-CONSENT:
3.2021-1497CENTRAL GENERATION ENGINE OVERHAUL AT PLANT NO. 1
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Sole Source Service Contract to Cooper Machinery Services to provide
a Central Generation Engine No. 1 Overhaul at Plant No. 1, per Proposal
210204-839, for a total amount not to exceed $3,705,932; and
B. Approve a contingency of $741,186 (20%).
Originator:Rob Thompson
Agenda Report
SSJ2412 Service Contract - Added 03/19/2021
Attachments:
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Page 2 of 3
STEERING COMMITTEE Regular Meeting Agenda Wednesday, March 24, 2021
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, April 28, 2021 at 5:00
p.m.
Page 3 of 3
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1500 Agenda Date:3/24/2021 Agenda Item No:1.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held February 24, 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 Steering Committee meeting held February 24, 2021
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, February 24, 2021
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on Wednesday, February 24, 2021 at 5:01
p.m. in the Administration Building of the Orange County Sanitation District. Chair Shawver
stated that the meeting was being held telephonically and via audio/video teleconferencing in
accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus
Pandemic (COVID-19).
ROLL CALL AND DECLARATION OF QUORUM:
A quorum was declared present, as follows:
PRESENT:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
ABSENT:None
STAFF MEMBERS PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas
were present in the Board Room. General Manager Jim Herberg, Assistant General
Manager Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of
Engineering Kathy Millea, Director of Environmental Services Lan Wiborg, Director of
Human Resources Celia Chandler, Andrew Brown, Raul Cuellar, Brian Engeln, Tina Knapp,
Joshua Martinez, Valerie Ratto, Thomas Vu and Eros Yong participated telephonically.
OTHERS PRESENT: Brad Hogin (General Counsel) participated telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
None.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2021-1413
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Page 1 of 4
STEERING COMMITTEE Minutes February 24, 2021
Approve Minutes of the Regular Meeting of the Steering Committee held January 27,
2021.
AYES:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
NOES:None
ABSENT:None
ABSTENTIONS:None
2. UPDATE TO THE ESTABLISHED RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE ORANGE COUNTY SANITATION
DISTRICT
2021-1471
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Adopt Resolution No. OC SAN 21-XX entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District establishing Rules of Procedure for the
Conduct of Business of the Orange County Sanitation District; and repealing
Resolution No. OC SAN 21-01”.
AYES:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
NOES:None
ABSENT:None
ABSTENTIONS:None
NON-CONSENT:
3. ESTABLISH BOARD OF DIRECTORS PROTOCOLS 2021-1462
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Adopt Resolution No. OC SAN 21-02 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District establishing Board of Directors Protocols”.
AYES:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
NOES:None
ABSENT:None
ABSTENTIONS:None
Page 2 of 4
STEERING COMMITTEE Minutes February 24, 2021
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4) & 54956.9(d)(2):
The Committee convened in closed session at 5:20 p.m. to discuss three items. Confidential
minutes of the Closed Sessions have been prepared in accordance with the above
Government Code Sections and are maintained by the Clerk of the Board in the Official Book
of Confidential Minutes of Board and Committee Closed Session Meetings.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2021-1492
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Potential initiation of eminent domain litigation regarding property owned by Bayside
Village Marina LLC.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2021-1494
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Significant exposure to litigation: threatened CEQA litigation regarding environmental
impact report for Bay Bridge Pump Station Project.
CS-3 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2021-1493
CONVENED IN CLOSED SESSION:
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Raul Palazuelos.
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:49 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
Page 3 of 4
STEERING COMMITTEE Minutes February 24, 2021
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 5:50 p.m. to the next Steering Committee
meeting to be held on March 24, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1459 Agenda Date:3/24/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
SUBJECT:
AUTHORIZATION OF CONTRIBUTION TO CASA EDUCATION FOUNDATION SCHOLARSHIP
FUND
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No.OC SAN 21-XX,entitled “A Resolution of the Board of Directors of the Orange
County Sanitation District approving a not to exceed Annual contribution amount of $2,500 to the
California Association of Sanitation Agencies (CASA)Education Foundation Scholarship Fund
beginning FY 2020-2021; and Repealing Resolution No. OCSD 15-22”.
BACKGROUND
CASA represents the interests of local clean water agencies in California that treat wastewater and
produce renewable resources such as recycled water,clean energy,and soil enhancements
(biosolids).Recognizing the need to recruit new professionals into the industry,CASA members
encouraged the association to establish the CASA Education Foundation,a non-profit 501(c)(3)
organization committed to raising money and offering competitive scholarships to support
undergraduate students seeking degrees connected to working at a local public wastewater facility.
Founded in 2013,the CASA Education Foundation (Foundation)was established to provide
scholarships that contribute to a student’s academic development and career potential in the
wastewater field.The Foundation’s goals are to expose students to careers in the clean water
community and increase the visibility of California’s publicly owned wastewater agencies with the
public, civic leaders, and the academic community.
Each year,the Foundation awards competitive scholarships to students pursuing higher education in
engineering,environmental science,public administration,or other related fields,and who show an
interest in serving the wastewater (clean water)industry.The Foundation awarded five $5,000
scholarships in 2020.
Scholarship funds are obtained through fundraising events,individual contributions,and
organizational contributions.The Foundation is reaching out to CASA member agencies for
contributions as a means to generate a sustainable stream of income to support and possibly expand
the scholarship program.
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File #:2021-1459 Agenda Date:3/24/2021 Agenda Item No:2.
RELEVANT STANDARDS
·Comply with OC San Policy (Resolution No. OCSD 15-22)
·Ensure the public’s money is wisely spent
·Cultivate a highly qualified, well-trained, and diverse workforce
PROBLEM
Resolution No.OCSD 15-22 requires the Orange County Sanitation District (Sanitation District)to
budget and contribute $5,000 per year to the Foundation.The existing Resolution doesn’t provide
flexibility to allow a contribution of less than $5,000.
PROPOSED SOLUTION
Adopt a Resolution stating the Sanitation District’s support for the Foundation and authorizing the
General Manager to approve an annual contribution up to $2,500 per year.
TIMING CONCERNS
The Sanitation District is currently updating the annual budget for approval by the Board of Directors
in June 2021.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District is required by Resolution to continue to budget and contribute $5,000
annually, and that amount would therefore be included in the 2021-22 budget.
PRIOR COMMITTEE/BOARD ACTIONS
October 2015 -Adopted Resolution No.OCSD 15-22 entitled:“A Resolution of the Board of
Directors of the Orange County Sanitation District approving an annual contribution of $5,000 to the
California Association of Sanitation Agencies (CASA)Education Foundation Scholarship Fund
beginning FY 2015-2016”.
ADDITIONAL INFORMATION
The focus of the Foundation is undergraduate education.Eligible applicants are California residents
attending or incoming freshmen to an accredited college or university located in California.Each
spring,applications are solicited from students pursuing degrees in engineering,environmental
science,natural/water resources,public administration,or other degrees which would prepare a
student for a career in a clean water agency.Clean water agencies are encouraged to publicize the
scholarship opportunity and provide application materials to community members.
Applicants must submit an application,statement of purpose,a coursework plan for the funded
period,academic transcripts,and two letters of recommendation to be considered.The applications
are screened by members of the Foundation Board of Directors who make a final determination of
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File #:2021-1459 Agenda Date:3/24/2021 Agenda Item No:2.
are screened by members of the Foundation Board of Directors who make a final determination of
awardees based on three criteria:
·Commitment to the clean water industry.Students must demonstrate a sincere desire to
pursue a career in the clean water industry.The relationship of a student’s academic and
career goals to the water environment community are considered in making scholarship
selections.
·Academic achievement.While there is no minimum grade point average to qualify for a
scholarship,academic performance plays a role in deciding which students are awarded
scholarships.
·Extracurricular pursuits.Student applicants need to be aware of issues that face the
wastewater industry and how they can contribute to enhancing the future of California’s clean
water community.This may be demonstrated by work experience,volunteer activity,
participation in school or extracurricular projects,internships,or membership in civic,
professional, or student chapter organizations.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance.This
item has been budgeted.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Resolution No. OC SAN 21-XX
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OC SAN 21-XX
RESOLUTION NO. OC SAN 21-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING A
NOT TO EXCEED ANNUAL CONTRIBUTION AMOUNT OF
$2,500 TO THE CALIFORNIA ASSOCIATION OF
SANITATION AGENCIES (CASA) EDUCATION
FOUNDATION SCHOLARSHIP FUND BEGINNING FY 2020-
2021; AND REPEALING RESOLUTION NO. OCSD 15-22
WHEREAS, the CASA Education Foundation administers a scholarship fund
whose goal is to enhance the future of California’s clean water industry by attracting new
professionals into the industry.
WHEREAS, the purpose of the scholarships is to help students in California
pursuing undergraduate degrees in engineering, environmental science, public
administration, wastewater operations, or other related fields, and showing an interest in
serving the clean water industry.
WHEREAS, the scholarships are awarded on a competitive basis to an
undergraduate student enrolled in an accredited California college or university, as
determined by the applicant’s academic achievement, community involvement, and
commitment to a career in a clean water agency.
WHEREAS, the goal of the CASA Education Foundation is to annually issue three
or more scholarships in the amount of $5,000 each.
WHEREAS, the Education Foundation is seeking financial contributions from
CASA member agencies to support the scholarship fund and provide funding for future
scholarships.
WHEREAS, the mission of the CASA Education Foundation supports the
Sanitation District’s goals of 1) supporting environmental education and career
opportunities for students, 2) developing and recruiting the talent necessary to design,
operate and maintain our wastewater infrastructure, and 3) preparing the next generation
of professionals to serve the clean water industry.
NOW, THEREFORE the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
1) The Board of Directors supports the efforts of the CASA Education
Foundation to attract new professionals into the clean water industry and hereby
approves a not to exceed annual contribution of $2,500 to the CASA Education
OC SAN 21-XX
Foundation Scholarship Fund for the purpose of funding scholarships to California
students.
2) The Board of Directors hereby authorizes and directs the General Manager
to allocate the not to exceed amount of $2,500 in the annual budget, beginning FY 2020-
21, for the CASA Education Foundation Scholarship Fund.
3) Resolution No. OCSD 15-22 is hereby repealed.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the
Orange County Sanitation District, at a regular meeting held on March 24, 2021.
________________________________
David John Shawver
Board Chair
______________________________
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 21-XX
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 21-XX was passed
and adopted at a regular meeting of said Board on the 24th day of March 2021, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 24th March 2021.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1497 Agenda Date:3/24/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
CENTRAL GENERATION ENGINE OVERHAUL AT PLANT NO. 1
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Sole Source Service Contract to Cooper Machinery Services to provide a Central
Generation Engine No. 1 Overhaul at Plant No. 1, per Proposal 210204-839, for a total
amount not to exceed $3,705,932; and
B. Approve a contingency of $741,186 (20%).
BACKGROUND
The Orange County Sanitation District (Sanitation District)operates eight Central Generation (Cen
Gen)engines manufactured by Cooper Bessemer.The Cen Gen facilities began service in 1993 to
improve air emissions by using clean burn engine technology to convert biogas into electricity and
process heat.The Cen Gen facilities supply approximately 60%of the electricity for our treatment
plants.Heat recovered from the engines is used in the digestion process and for absorption chillers
at Plant No.1 providing cooling for the Administration Building,Laboratory Building,Central
Generation Building, and Operations Building.
The Cen Gen plants have been providing reliable service for more than 25 years and the engines are
now in need of scheduled major overhauls.In October 2019,a service contract was awarded to UPS
Midstream Services,Inc.to overhaul the first two of the eight engines.UPS Midstream Services was
selected using a competitive proposal solicitation process.
Original Equipment Manufacturer (OEM)service and parts have been supplied through General
Electric.Recently,General Electric spun off Cooper Machinery Services to provide these OEM parts
and services.
RELEVANT STANDARDS
·Protect OC San assets
·Maintain a proactive asset management program
·Use all practical and effective means for resource recovery
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File #:2021-1497 Agenda Date:3/24/2021 Agenda Item No:3.
·24/7/365 treatment plant reliability
PROBLEM
UPS Midstream Services has been unable to complete the necessary overhaul under the October
2019 Service Contract.The first engine rebuilt under the contract has catastrophically failed twice.A
third-party engineer was hired to inspect the parts and services supplied by UPS Midstream
Services.This third-party engineer and Sanitation District staff agree that the parts and services
supplied by the vendor do not meet the requirements of the Service Contract.Therefore,the
Sanitation District terminated the Service Contract and is seeking reimbursement from UPS
Midstream Services and through Sanitation District insurance providers.
The Sanitation District has a South Coast Air Quality Management District (SCAQMD)permit to
operate Cen Gen Engine No.1 at Plant No.1.That permit requires annual testing of emissions.The
Sanitation District has received a very specific permit variance that requires that the engines must be
operable and tested by April 2022 with a set of schedule milestones along the way.
PROPOSED SOLUTION
Staff recommends awarding a Service Contract to Cooper Machinery Services to provide parts and
services to overhaul Cen Gen Engine No. 1 located at Plant No. 1.
TIMING CONCERNS
The Sanitation District has a SCAQMD air quality permit obligation to get the engine rebuilt and
tested on a strict timeline.This timeline does not allow for a normal competitive solicitation process
or the performance risks associated with the process.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to take action on this repair in a timely fashion risks the loss of the SCAQMD permit to
operate the engine.In addition,without Engine No.1 there is not standby capacity for energy
conversion.This situation reduces overall reliability and has the potential annual cost impact of
approximately $1,400,000 to offset energy purchases and incurred demand charges.
PRIOR COMMITTEE/BOARD ACTIONS
October 2019 -Board of Directors awarded a service contract to UPS Midstream Services,Inc.to
provide Central Generation Engine Overhauls at Plant Nos.1 and 2 (for a total of two engines),
Specification No. S-2019-1074BD, for a total amount not to exceed $5,636,335.
ADDITIONAL INFORMATION
The original Service Contract with UPS Midstream Services included two engines,one at Plant No.1
and one at Plant No.2.This request is only for Engine No.1 at Plant No.1 due to the urgency of the
permitting conditions and the need for a standby unit at Plant No.1.The second engine at Plant No.
2 is being moved to an upcoming project scoped to rebuild the balance of the engines at both plants.
Staff believe the best opportunity to meet the timeline requirements of the SCAQMD permit variance
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File #:2021-1497 Agenda Date:3/24/2021 Agenda Item No:3.
Staff believe the best opportunity to meet the timeline requirements of the SCAQMD permit variance
is to retain the OEM parts and services supplier.It is also an opportunity to verify the newly created
spin-off company is capable of supporting the machinery.
On a parallel path,staff are pursuing an engineering study to better estimate the short,medium,and
long-term viability of the current engine generators.The current direction is to rebuild the current
engine generators to extend the life of the existing units,as well as the electric,gas,and process
heat infrastructure for 25 years.When the next round of 125,000 hour engine rebuilds come due,it is
probable that new, more efficient energy conversion technologies will be cost effective to pursue.
A 20%contingency is requested in the event of unforeseen damages or delays due to the
catastrophic failures the engine had incurred and delays in fabricating additional long lead time parts
beyond those anticipated.
The terms and conditions of the service contract are currently being reviewed.Staff anticipates a
final contract for publication no later than close of business on Friday, March 19, 2021.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of the Sanitation District’s Purchasing Ordinance.This
item has been budgeted in the FY20-21 &FY 21-22 Budget,Capital Treatment System Improvement
Projects, Line Item J-135 (Section 8, Pg. 44).
Date of Approval Contract Amount Contingency
03/24/2021 $3,705,932 $741,186 (20%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Service Contract - added 03/19/2021
KS:lc:gc
Orange County Sanitation District Printed on 3/19/2021Page 3 of 3
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Orange County Sanitation District 1 of 11 Specification No. SSJ2412
SOLE SOURCE SERVICE CONTRACT
Specification No. SSJ2412
Central Generation Engine Overhaul at Plant 1
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 Cooper Machinery Services
LLC with a principal place of business at 16250 Port Northwest Drive, Houston, Texas 77041
(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 Central
Generation Engine Overhaul at Plant 1 “Services” as described in Exhibit “A”; and
WHEREAS, OC SAN has chosen Contractor to conduct Services in accordance with Ordinance
No. OCSD-52; and
WHEREAS, on March 24, 2021 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 (called the "Contract") 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” Proposal
Exhibit “C” Acknowledgement of Insurance Requirements
Exhibit “D” Contractor Safety Standards
Exhibit “E” Human Resources Policies
Exhibit “F” Not Used
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any
of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects
govern and control.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not affect
the meaning or interpretation of this Contract or any paragraph or provision hereof.
Orange County Sanitation District 2 of 11 Specification No. SSJ2412
1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 OC SAN holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday,
Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.8 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”.
1.9 Contractor shall provide OC SAN with all required premiums and/or overtime work, as
specified in this Contract, at no charge beyond the price provided under “Compensation”
below.
1.10 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 Three Million Seven Hundred Five
Thousand Nine Hundred Thirty Two Dollars ($3,705,932.00)
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).
4. Payments and Invoicing
4.1 OC SAN shall pay, net 30 days, upon receipt, by OC SAN’s Project Manager or designee,
of itemized invoices submitted for Milestones completed in accordance with Exhibit “A”. OC
SAN shall approve or reject invoices within 14 days of receipt. Any invoice not rejected in
writing within 14 days of receipt shall be deemed approved by OC SAN. OC SAN, at its sole
discretion, shall be the determining party as to whether the Services have been satisfactorily
completed. In the event OC SAN disputes an invoice or has a reasonable basis for
determining Services have not been satisfactorily completed, OC SAN agrees to pay the
Orange County Sanitation District 3 of 11 Specification No. SSJ2412
undisputed portion of any invoice in a timely manner while both parties agree to discuss in
good faith to resolve the disputed portions of an invoice. If OC SAN fails to pay an
undisputed invoice after receiving 30 days written notice of non-payment, Contractor shall
have the right to suspend performance and Contract Term shall be extended for a time equal
to the suspension for non-payment. Should suspension for non-payment last 30 days,
Contractor shall have the right to terminate and OC SAN agrees to pay termination fees in
accordance with Section 12.1.
4.2 Invoices shall be emailed by Contractor to OC SAN Accounts Payable at
APStaff@OCSD.com and “INVOICE” with the Purchase Order Number and Specification
No. SSJ2412 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 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. OC SAN agrees all audits are subject to
confidentiality and non-disclosure provisions and are limited to the purpose of OC SAN
verification of payment and invoicing records, except to the extent required by a government
agency.
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 or due
to delays solely attributable to OC SAN hereunder can be made by either party at any time.
All modifications must be made in writing, approved and signed by both Parties before any
Work on the modification shall begin. In the event of a modification, time of performance and
payment for work shall be altered accordingly.
8. Contract Term The Services provided under this Contract shall be completed within 200
calendar days from the effective date of the Notice to Proceed.
9. Renewals Not Used
10. Extensions The term of this Contract may be extended only by written instrument signed
by both Parties.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination
12.1 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.
OC San also reserves the right to terminate this Contract for default in accordance with
section 12.2 and 12.3. Upon receipt of a termination notice for convenience or terminate
notice under 12.3, Contractor shall immediately discontinue all work under this Contract
(unless the notice directs otherwise). In all cases of termination whether for convenience or
default, OC SAN shall thereafter, within thirty 30 days, pay Contractor for work performed
(cost and fee) to the date of termination, including any reasonable costs and expenses
incurred by Contractor as a direct result of such termination for any goods or services in
progress prior to the effective 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 payment to Contractor for work
Orange County Sanitation District 4 of 11 Specification No. SSJ2412
performed and any applicable costs/expenses to the date of termination shall release OC
SAN from any further fee, cost or claim relating to the terminated portion of the Contract,
hereunder by Contractor.
12.2 OC SAN reserves the right to terminate this Contract upon determination that Contractor
has materially breached any of the terms of this Contract and failed to commence to cure
within 10 days with continual diligent efforts following receipt of written notice of such
breach.. In the event of termination under this section, Contractor total liability shall not
exceed the actual and reasonable documented costs and expenses to complete the
terminated Scope of Work.
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
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 Acknowledgement of Insurance Requirements
(attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
work under this Contract until all required insurance is obtained in a form acceptable to 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. Any
requirements for additional insured, waiver of rights of subrogation or recognition of
Contractor’s insurance as primary shall apply only to the extent of the legally-binding
indemnities agreed to by Contractor in the Contract.
14. Bonds Not Used
15. Indemnification and Hold Harmless Provision Contractor shall assume responsibility for
direct damages to property and/or injuries to persons, including accidental death, to the
extent such damages arise out of or are caused by the negligence of Contractor under this
Contract, or by the negligence of 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. 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 , to the extent arising out of or in connection with Contractor's negligent
performance under the Contract, and/or (b) to the extent 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 directly by Contractor or its
subcontractor(s) under the 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. Notwithstanding
the foregoing, Contractor has no responsibility to and will not indemnify OC SAN, or its
elected and appointed officials, officers, agents and employees, for claims, liabilities,
expenses, or damages of any nature to the extent arising from, caused by or in connection
with OC SAN’s negligence (sole, joint, or concurrent), gross negligence, willful misconduct
Orange County Sanitation District 5 of 11 Specification No. SSJ2412
or any other fault on the part of OC SAN.
16.Contractor Safety Standards OC SAN requires Contractor and its subcontractor(s) to
follow and ensure their employees follow all Federal, State, and local regulations as well as
the Contractor Safety Standards while working at OC SAN locations. If during the course of
the Contract it is discovered that the 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 all applicable Contractor Safety Standards
attached hereto in Exhibit “D” and the Human Resources Policies (Exhibit “E”).
17. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply:
17.1 Where applicable, Contractor supplier’s standard warranty shall apply. To the extent
possible, Contractor shall transfer its supplier’s warranties to OC SAN for the work as
complete.
Contractor's Warranty (Guarantee): Contractor warrants that any goods, parts, repairs, or
upgrades supplied by Contractor under this Contract shall (i) be free from any materials and
workmanship for the specified warranty period, (ii) conform to the specifications mutually
agreed in Exhibit “A” (herein incorporated by reference), and (iii) all Services will be
performed in a competent and diligent manner in accordance with generally accepted
standards for such services. If within a one-year period of completion of all work as specified
in Exhibit “A”, OC SAN informs Contractor in writing that any portion of the Services provided
fails to meet the standards required under this section 17 of the Contract, Contractor shall,
within the time agreed to by OC SAN and Contractor, repair, replace, or re-perform the noted
non-conforming deficiency(ies) in goods or Services at Contractor's sole option and
expense. If the good or Service cannot be made to conform to the warranty in this section
by repair, replace, or re-performance, Contractor’s responsibility shall be to refund the
portion of the purchase price allocated to the non-conforming goods or Services. The
remedies set forth in this section constitute the sole and exclusive remedies for all claims
arising out of or related to any defect or non-conformity in the products, parts, goods, or
services regardless when the defect or non-conformity arises. Contractor shall have no
responsibility to repair or replace defective equipment or component parts resulting from the
use of repair or replacement parts not of Contractor’s manufacture or approved by
Contractor or from OC SAN’s failure to store, install, maintain, and operate the equipment
according to Contractor’s written instructions and drawings and standard industry practice.
Deterioration and wear occasioned by chemical and abrasive action or excessive heat shall
not constitute defects. Transportation of products to and from Contractor’s service facility
shall be borne to OC SAN when a repair is not covered by warranty. Warranty work provided
under this Contract does not assure uninterrupted operation of the products. Equipment and
accessories furnished by third parties which are not incorporated in the equipment
manufactured by Contractor are warranted only to the extent of the original manufacturer’s
warranty to Contractor. THE WARRANTIES SET FORTH IN THIS SECTION 17 ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, AND
GUARANTEES, WHETHER WRITTEN OR ORAL. NO IMPLED WARRANTY OR
CONDITION, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE SHALL APPLY.
18.Damages Contractor’s total responsibility for any claims, damages, losses or liabilities
arising out of or related to its performance of this Contract or the products and Services
covered hereunder shall not exceed two times the Contract price. EXCLUDING CLAIMS
RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT
SHALL CONTRACTOR OR OC SAN BE LIABLE FOR PUNITIVE, INDIRECT,
Orange County Sanitation District 6 of 11 Specification No. SSJ2412
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND AS DEFINED
BY THE LAW GOVERNING THIS CONTRACT RESULTING FROM OR ARISING OUT OF
THIS CONTRACT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE,
PRODUCTION OR USE HOWSOEVER SAME MAY BE CAUSED.
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; 2) it has investigated the site of the work and is aware
of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the
work under this Contract. Should Contractor discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by 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.
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 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
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 $2,000.00 and when 25% or more
of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy
Orange County Sanitation District 7 of 11 Specification No. SSJ2412
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 $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 $30,000.00 or more or 20 working days
or more; or if contracts of specialty contractors not bidding for work through the general or
prime Contractor are $2,000.00 or more or five working days or more.
26.5 Workday – In the performance of this Contract, not more than eight hours shall constitute a
day’s work, and the Contractor shall not require more than eight 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 $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 hours in any one calendar day and 40 hours
in any one week in violation of said Article. Contractor shall keep an accurate record showing
the name and actual hours worked each calendar day and each calendar week by each
worker employed by Contractor in connection with the project.
Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records
showing the name, address, social security number, work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the
project and agrees to require that each of its subcontractors do the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Subject to the audit provisions herein, 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 charged to OC SAN 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
Orange County Sanitation District 8 of 11 Specification No. SSJ2412
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 With respect to that subject matter and/or circumstances or events for which
specific remedies are set forth in this Contract, including, without limitation, those remedies
with respect to the Services performed by Contractor hereunder, then such remedies shall
be the exclusive remedies of the parties. If no such specific remedy is provided, then the
parties shall have available to them any remedy available under applicable law or in equity.
31. Dispute Resolution
31.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights
or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute
by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the
dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
31.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two arbitrators shall select a third. Discovery may be conducted in connection with the
arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The
arbitrator, or three arbitrators acting as a board, shall take such evidence and make such
investigation as deemed appropriate and shall render a written decision on the matter in
question. The arbitrator shall decide each and every dispute in accordance with the laws of
the State of California. The arbitrator's decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
32. Attorney’s Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
33. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract.
Orange County Sanitation District 9 of 11 Specification No. SSJ2412
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.
35.Damage to OC SAN’s Property To the extent any of OC SAN’s property is damaged by
the negligence of Contractor, any subcontractors or by the personnel of either will be subject
to repair or replacement by Contractor at no cost to OC SAN, except for that portion, if any,
OC SAN’s actions contributed to the damage.
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. OC SAN agrees
not to disclose, to any third party, Contractor data or information related this project without
the prior written consent from Contractor, except to the extent required by a government
agency.
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 Contract This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
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
Orange County Sanitation District 10 of 11 Specification No. SSJ2412
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: Jackie Lagade
Principal Buyer
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Contractor: John B. Sargent
Chief Executive Officer
Cooper Machinery Services LLC
16250 Porth Northwest Drive
Houston, Texas 77041
Each party shall provide the other party written notice of any change in address as soon as
practicable.
Orange County Sanitation District 11 of 11 Specification No. SSJ2412
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
David John Shawver
Chair, Board of Directors
Dated: By:
Kelly A. Lore
Clerk of the Board
Dated: By:
Ruth Zintzun
Purchasing and Contracts Manager
COOPER MACHINERY SERVICES LLC
Dated: By:
Print Name and Title of Officer
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.