HomeMy WebLinkAbout05-26-2021 Steering Committee Meeting Complete Agenda Packet 05-19-2021
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, May 25, 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.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
May 19, 2021
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING – 5:00 P.M.
Wednesday, May 26, 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, May 26, 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
STEERING COMMITTEE AND BOARD MEETING DATES
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
April 27, 2022
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: May 26, 2021 Meeting Time: 5:00 p.m. Committee Members David Shawver, Board Chair…………………………………………… ____ John Withers, Board Vice-Chair……………………………………….. ____ Stacy Berry, Operations Committee Chair…………………………. ____ Jesus J. 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, May 26, 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
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
STEERING COMMITTEE Regular Meeting Agenda Wednesday, May 26, 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
May 25, 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.
1.2021-1600APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of Steering Committee held April 28, 2021.
Originator:Kelly Lore
Agenda Report
04-28-2021 Steering Committee Minutes
Attachments:
NON-CONSENT:
2.2021-1528HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO.
P1-128A
RECOMMENDATION: Recommend to the Board of Directors to:
Page 1 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, May 26, 2021
A. Receive and file Bid Tabulation and Recommendation for Headquarters
Complex at Plant No 1, Project No. P1-128A;
B. Award a Construction Contract to Swinerton Builders for Headquarters Complex
at Plant No 1, Project No. P1-128A, for an amount not to exceed $102,544,974;
and
C. Approve a contingency of $5,127,249 (5%).
Originator:Kathy Millea
Agenda Report
P1-128A Contract Agreement Award Package
Presentation - P1-128A_Construction Award
Attachments:
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the
Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,
pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9,
54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives; or which are exempt from public disclosure
under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are
not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes
will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
CS-1 2021-1666CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
RECOMMENDATION: Convene in Closed Session:
Property: 1516 W. Balboa Blvd., Newport Beach, CA; APN No. 047-222-10
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Lorenzo Tyner; Assistant General Manager, Rob Thompson; and Director of
Engineering, Kathy Millea.
Negotiating parties: City of Newport Beach
Page 2 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, May 26, 2021
Under negotiation: Price and terms of payment
Originator:Lorenzo Tyner
Agenda Report
Closed Session Memo re Real Property
Attachments:
CS-2 2021-1669THREAT TO PUBLIC SERVICES OR FACILITIES (GOVERNMENT
CODE SECTION 54957 (a))
RECOMMENDATION: Convene in Closed Session:
Consultation with the Information Technology Systems & Operations Manager
regarding cyber security.
Originator:Lorenzo Tyner
Agenda Report
Closed Session Memo re Cyber Security
Attachments:
CS-3 2021-1675CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a California
corporation; and Does 1-50, inclusive, Superior Court of California, County of Orange,
Case No. 30-2019-01100180-CU-WT-CJC.
Originator:Celia Chandler
Agenda Report
Closed Session Memo re Cruz Litigation
Attachments:
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
Page 3 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, May 26, 2021
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, June 23, 2021 at 5:00
p.m.
Page 4 of 4
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1600 Agenda Date:5/26/2021 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 Steering Committee held April 28, 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 April 28, 2021
Orange County Sanitation District Printed on 5/18/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, April 28, 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, April 28, 2021 at 5:13 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 Joshua Martinez
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; Jennifer Cabral; Raul Cuellar; Tina Knapp and
Jeff Mohr participated telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Shawver and General Manager Herberg did not provide a report.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2021-1563
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Page 1 of 4
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
STEERING COMMITTEE Minutes April 28, 2021
Approve Minutes of the Regular Meeting of the Steering Committee held March 24,
2021.
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:
2.PROPOSED ANNEXATION NO. OC SAN-66 - MASS ANNEXATION OF
FIVE AREAS IN ANAHEIM, VILLA PARK, AND YORBA LINDA
2021-1455
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Authorize Staff to annex five Areas to Orange County Sanitation District within
the Cities of Yorba Linda, Anaheim, and Villa Park;
B. Authorize the General Manager to execute associated Annexation documents in
a form approved by General Counsel;
C. Adopt Resolution No. OC SAN 21-XX entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing initiation of
proceedings and requesting the Orange County Local Agency Formation
Commission to take proceedings for the Annexation to the Orange County
Sanitation District, of territory in the Cities of Yorba Linda, Anaheim, and Villa
Park (Annexation No. OC SAN-66 - Mass Annexation of Five Areas in Anaheim,
Villa Park, and Yorba Linda)”; and
D. Forego past Annexation, Capital Facility Capacity Charges, and Annual User
Fees for the parcels to be annexed which are currently discharging sewer flows
to the Orange County Sanitation District.
AYES:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
NOES:None
ABSENT:None
ABSTENTIONS:None
INFORMATION ITEMS:
None.
Page 2 of 4
STEERING COMMITTEE Minutes April 28, 2021
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(d)(1):
The Committee convened in closed session at 5:28 p.m. to discuss two 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 EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1538
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Bayside Village Marina, LLC v. Orange County Sanitation District; Orange County
Sanitation District Board of Directors; and Does 1-25, Inclusive, Superior Court of the
State of California for the County of Orange - Central Justice Center Case No.
30-2021-01194238-CU-WM-CXC.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1605
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Klean Waters, Inc. v. Orange County Sanitation District, United States District Court,
Central District of California, Southern Division, Case No. 8:15-cv-00627...body
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:54 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
Page 3 of 4
STEERING COMMITTEE Minutes April 28, 2021
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 5:55 p.m. to the next Steering Committee
meeting to be held on Wednesday, May 26, 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 #:2021-1528 Agenda Date:5/26/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128A
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Headquarters Complex at Plant No
1, Project No. P1-128A;
B. Award a Construction Contract to Swinerton Builders for Headquarters Complex at Plant No 1,
Project No. P1-128A, for an amount not to exceed $102,544,974; and
C. Approve a contingency of $5,127,249 (5%).
BACKGROUND
Orange County Sanitation District (OC San) has been pursuing a project to address code-
compliance, permitting, and condition problems with existing occupied spaces at Plant No. 1 for a
number of years. In June 2015, the Board of Directors established the project and budget for
Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128,
based on the results of the Administrative Facilities Implementation Plan.
In June 2018, the Board of Directors designated a property located on the north side of Ellis, across
from Plant No. 1, as the preferred location for the new Headquarters Building, with a pedestrian/utility
bridge to Plant No. 1.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsible bidder
·Provide a safe and collegial workplace
PROBLEM
Current OC San administrative and engineering staff are dispersed throughout Plant No. 1 and at a
nearby office building, which is not conducive to effective organization functionality. Over 100 staff
are located in approximately 40,000 square feet of aging temporary trailers. Additionally, the
Orange County Sanitation District Printed on 5/19/2021Page 1 of 4
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1528 Agenda Date:5/26/2021 Agenda Item No:2.
are located in approximately 40,000 square feet of aging temporary trailers.Additionally,the
Administration Building,Human Resources Building,and several temporary trailer complexes have
significant code compliance issues,lack building permits with the City of Fountain Valley,and are in
need of extensive maintenance rehabilitation.
An Administrative Facilities Master Plan,completed in January 2014,evaluated the repair versus
replacement options for the existing buildings and trailers at Plant No.1.Most buildings and all
trailers will realize the end of their useful life within a 30-year planning horizon.The study estimated
the repair of the existing facilities and uncoordinated replacement at the end of the useful life of each
building to be more expensive and more disruptive over the long term and had significantly more risk
due to the unknown conditions in the structures.Keeping staff spread throughout multiple buildings
is not conducive to a collaborative work environment.
Additionally,the 2017 Facilities Master Plan identified the need for additional land area for future
treatment process needs at the Reclamation Plant No. 1 site.
PROPOSED SOLUTION
Award a Construction Contract for Headquarters Complex at Plant No.1,Project No.P1-128A.This
project will construct a new Headquarters Complex that will allow for the consolidation of
administrative staff into a single three-story,110,000 square foot office building adjacent to Plant No.
1 on the north side of Ellis Avenue.The building will have space for approximately 350 staff as well
as a Board Room and public meeting spaces.Surface parking and a pedestrian/utility bridge over
Ellis Avenue to Plant No. 1 will also be built.
TIMING CONCERNS
If work does not proceed on the Headquarters Complex,then alternatives to rehabilitate the existing
buildings,replace existing trailers,and replace buildings that reach the end of their useful life in a 30-
year planning window would have to be implemented at an overall higher life-cycle cost.
RAMIFICATIONS OF NOT TAKING ACTION
OC San has committed to the City of Fountain Valley to bring its Administration Building and Human
Resource Buildings into code compliance.The City agreed to defer enforcement until the buildings
could be replaced.If the structures were not replaced,OC San would be obligated to perform the
upgrades, which a previous study had concluded would not be cost effective in the long term.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Due to the unique and special requirements to construct a Headquarters Complex,OC San staff
determined that prequalification of contractors was necessary.The prequalification allowed OC San
to determine,in advance,that the potential bidders were responsible,have relevant experience,and
are capable of constructing the project.This process resulted in competitive bids and a reduction of
risks associated with the evaluation process to determine the lowest responsive and responsibleOrange County Sanitation District Printed on 5/19/2021Page 2 of 4
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File #:2021-1528 Agenda Date:5/26/2021 Agenda Item No:2.
risks associated with the evaluation process to determine the lowest responsive and responsible
bidder.
On October 12,2020,OC San issued a Public Invitation to Prequalify to Bid for Construction of
Headquarters Complex at Plant No.1 (Invitation to Prequalify).The Invitation to Prequalify instructed
contractors to submit completed Prequalification Packages for OC San to evaluate and determine
which contractors were prequalified and thereby eligible to submit a bid for the Project.
On November 23,2020,OC San received Prequalification Packages from 13 firms and,after
evaluations,on December 23,2020 staff recommended proceeding with the prequalification of the
following eight firms:
·Bernards Bros., Inc.
·Clark Construction Group - California, LP
·McCarthy Building Companies, Inc.
·PCL Construction Services, Inc.
·S.J. Amoroso Construction Co. LLC
·Swinerton Builders
·Turner Construction Company
·Webcor Construction, LP
On January 29,2021,OC San issued bid documents to the eight prequalified firms and on April 27,
2021, five sealed bids were received. A summary of the bids follows:
Engineer’s Estimate $103,134,000
Bidder Amount of Bid
Swinerton Builders $102,544,973.30
PCL Construction Services, Inc.$104,013,613.00
McCarthy Building Companies, Inc.$105,946,504.00
Bernards Bros., Inc $108,309,000.00
S.J. Amoroso Construction Co. LLC $112,977,000.00
The bids were evaluated in accordance with OC San policies and procedures.A notice was sent to
all the bidders on May 11,2021 informing them of the intent of OC San to recommend award of the
construction contract to Swinerton Builders.
Staff recommends awarding a Construction Contract to the lowest responsive bidder,Swinerton
Builders,for Headquarters Complex at Plant No.1,Project No.P1-128A,for a total amount not to
exceed $102,544,974.
CEQA
The project is included in the Addendum to the City of Fountain Valley “Fountain Valley Crossings
Specific Plan” Program Environmental Impact Report, State Clearinghouse No. 2015101042.
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File #:2021-1528 Agenda Date:5/26/2021 Agenda Item No:2.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 58,Headquarters
Complex, Project No. P1-128) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
·Presentation
TG:dm
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CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 1 of 25
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
CONTRACT NO. P1-128A
HEADQUARTERS COMPLEX AT PLANT NO. 1
THIS AGREEMENT is made and entered into, to be effective, this May 26, 2021, by and
between Swinerton Builders, hereinafter referred to as “CONTRACTOR” and the Orange
County Sanitation District, hereinafter referred to as “OCSD”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION – 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 2 of 25
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-33)
ii. Plans
iii. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 3 of 25
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 4 of 25
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
CONTRACT NO. P1-128A
HEADQUARTERS COMPLEX AT PLANT NO. 1
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
CONTRACT NO. P1-128A
HEADQUARTERS COMPLEX AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within eight hundred eighty-one (881) calendar days from the
date of the “Notice to Proceed” issued by OCSD, excluding delays caused or authorized by
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 5 of 25
OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General
Conditions. The time for completion includes thirty (30) calendar days determined by OCSD
likely to be inclement weather when CONTRACTOR will be unable to work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
set forth in Appendix A of the Special Provisions entitled “Work Completion Schedule.”
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 6 of 25
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OCSD’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated
Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
SECTION – 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 7 of 25
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of One Hundred Two Million Five Hundred Forty-Four
Thousand Nine Hundred Seventy-Three Dollars and Thirty Cents ($102,544,973.30) as
itemized on the Attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 8 of 25
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 9 of 25
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment” and Exhibit A -
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 10 of 25
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
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accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 13 of 25
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OCSD in connection with the planning, development and construction of the Project. In
all its insurance coverages (except for Professional Liability/Errors and Omissions coverages, if
applicable) related to the Work, CONTRACTOR shall include clauses providing that each
insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers,
agents, or employees. Where permitted by law, CONTRACTOR shall require similar written
express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of
subrogation shall be effective as to any individual or entity, even if such individual or entity (a)
would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 14 of 25
insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an
insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Ten Million Dollars ($10,000,000) per occurrence and a general
aggregate limit of Twenty Million Dollars ($20,000,000) for bodily injury, personal
injury and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Ten Million Dollars
($10,000,000) per occurrence and a general aggregate limit of Twenty Million
Dollars ($20,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
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deductible, or any other form of self-insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of Five Million Dollars ($5,000,000) for bodily injury,
personal injury and property damage;
Or alternatively, (2) One Million Dollars ($1,000,000) per person for bodily injury,
Three Million Dollars ($3,000,000) per accident for bodily injury, and One Million
Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OCSD.
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5. Worker’s Compensation/Employer’s Liability: CONTRACTOR shall provide such
Worker’s Compensation Insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
6. Course of Construction: At OCSD’s option, as provided in the IFB Documents, it has
elected to require CONTRACTOR to provide course of construction insurance
coverage covering all risks of loss, less policy exclusions. CONTRACTOR agrees
that it shall, at all times during the term of this Contract, maintain such course of
construction insurance in the amount of One Hundred Four Million ($104,000,000),
with no coinsurance penalty provisions. Coverage shall remain in effect for the
duration of the Contract and until the Project is accepted by OCSD. CONTRACTOR
agrees that it shall provide, upon execution of this Contract, a certificate of insurance
showing that CONTRACTOR has obtained, for the period of the Contract duration,
course of construction insurance coverage to indemnify OCSD for any damage to the
Work.
Builder’s All Risk – Installation Floater. The Builder’s All Risk course of construction
policy shall include “installation of equipment” coverage for property on- and off-site
during the Contract period.
7. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least Five Million
Dollars ($5,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
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from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the
right to approve or reject such coverage in its own discretion. If written on a claims-
made basis, the CONTRACTOR warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
8. Errors and Omissions/Professional Liability Insurance: CONTRACTOR shall
maintain in full force and effect, throughout the term of this Contract, standard
industry form professional liability / errors and omissions insurance coverage with
coverage limits of not less than Two Million Dollars ($2,000,000) 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 Contract, and for a period of five (5) years from the date of the
completion of the Work hereunder.
In the event of termination of said policy during this period, CONTRACTOR shall
obtain continuing insurance coverage for the prior acts or omissions of
CONTRACTOR during the course of performing Work under the terms of this
Contract. 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 Contract or
until completion of the Work provided for in this Contract, whichever is later. In the
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event of termination of said policy during this period, new coverage shall be obtained
for the required period to insure for the prior acts or omissions of CONTRACTOR
during the course of performing Work under the terms of this Contract.
CONTRACTOR shall provide to the OCSD a certificate of insurance in a form
acceptable to the OCSD 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.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 19 of 25
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
5. Course of construction policies shall contain the following provisions:
a. Named Insured by evidence of certification. Certification must include all
parties involved, limits and deductibles.
b. The insurer shall waive all rights of subrogation against OCSD.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 20 of 25
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 21 of 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
c. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
5. Course of Construction Required Forms (if required)
a. Name Insured Evidence Only Certificate
6. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
OCSD, its directors, officers, agents, CONSULTANTS and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 11 85 or alternatively in both
CG 20 10 10 01 and CG 20 37 10 01 together.
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 22 of 25
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 23 of 25
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
C-CA-103020 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 24 of 25
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200, Costa Mesa, California 92626
TO CONTRACTOR: Swinerton Builders 200 North Main Street
Santa Ana, CA 92701
Copy to: Pete Ruiz, VP, Division Manager Swinerton Builders 200 North Main Street
Santa Ana, CA 92701 [This section intentionally left blank]
CONFORMED C-CA-103020 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 25 of 25
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Swinerton Builders
200 North Main Street
Santa Ana, CA 92701
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 92 (Expiration Date – 8/31/2021)
OCSD: Orange County Sanitation District
By______________________________
David John Shawver Board Chairman By______________________________
Kelly A. Lore Clerk of the Board
By______________________________ Ruth Zintzun Purchasing & Contracts Manager
C-EXA-080414
EXHIBIT A SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ............................................................................. 1
EXA-2 PROGRESS PAYMENTS .................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ........................................................ 1
EXA-4 STOP PAYMENT NOTICE ................................................................................. 3
EXA-5 PAYMENT TO SUBCONTRACTORS ................................................................ 3
EXA-6 PAYMENT OF TAXES ....................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................... 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT ... 6
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES ................................................................... 8
CONFORMED C-EXA-080414 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
C-EXA-080414 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s
discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
CONFORMED C-EXA-080414 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 3 of 8
The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as
required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
C-EXA-080414 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application
for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will
CONFORMED C-EXA-080414 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 5 of 8
make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final
Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on
settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
C-EXA-080414 CONFORMED CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 6 of 8
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD’s acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
CONFORMED C-EXA-080414 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract.
I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval.
A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor’s
performance. _________________________________________
Name _________________________________________
Title _________________________________________
Date
C-EXA-080414 CONFORMED CONTRACT NO. P1-128AHEADQUARTERS COMPLEX AT PLANT NO. 1
Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Swinerton Builders) BF-14 Schedule of Prices, Pages 1-3
BF-14 SCHEDULE OF PRICES C-BF-010521 CONTRACT NO. P1-128A HEADQUARTERS COMPLEX AT PLANT NO. 1 Page 1 of 3
Bid Submitted By: _______________________________________ (Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS A. General
For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be more or less than those shown. CONTRACTOR’s compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents.
Swinerton Builders
55,000.00
276.07 1,714,394.70
274.68 1,900,785.60
347.08 1,256,429.60
370.62 179,750.70
Bid Submitted By: _______________ _
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item
No.
1.
2.
Description
Mobilization: as described in Division 01, Section 01 15 50 and in
conformance with the Contract Documents for the lump sum price of ...
Sheeting, Shoring, and Bracing: as described in Division 01 , Section 01
15 50 and in conformance with the Contract Documents for the lump sum
price of ...
3. Drilled Piles DP 00: Furnish all labor, materials and equipment necessary
as described in Division 1, Section 01 15 50 and in compliance with the
Contract Documents for the linear feet unit price and total price of ...
4. Drilled Piles DP 01, DP 10, DP 11, DP 12 and DP 13: Furnish all labor,
materials and equipment necessary as described in Division 1, Section 01
15 50 and in compliance with the Contract Documents for the linear feet
unit price and total price of ...
5. Drilled Piles DP 20, DP 21, DP 22: Furnish all labor, materials and
equipment necessary as described in Division 1, Section 01 15 50 and in
compliance with the Contract Documents for the linear feet unit price and
total price of ...
6. Drilled Piles for Elevator Mat Pile: Furnish all labor, materials and
equipment necessary as described in Division 1, Section 01 15 50 and in
compliance with the Contract Documents for the linear feet unit price and
total price of ...
BF-14 SCHEDULE OF PRICES
Page 2 of 3
Unit of
Measurement
Lump Sum
Bl I
I·
Lump Sum I··
Linear Feet 6,210 x $ = $
Linear Feet 6,920 x $ $
Linear Feet 3,620 x $ - $
Linear Feet 485 x $ = $
Extended Price
4,000,000
C-BF-010521
CONTRACT NO. P1-128A
HEADQUARTERS COMPLEX AT PLANT NO. 1
ADDENDUM NO. 6
Swinerton Builders
409.18 466,465.20
431.55 73,363.50
92,284,384.00
114,400.00
102,544,973.30
Bid Submitted By: _______________ _
EXHIBIT A
SCHEDULE OF PRICES
(continued)
Item
No.
7.
8.
9.
Description
Drilled Piles for Bridge Pile Cap 1: Furnish all labor, materials and
equipment necessary as described in Division 1, Section 01 15 50 and in
compliance with the Contract Documents for the linear feet unit price and
total price of ...
Drilled Piles for Bridge Pile Cap 2: Furnish all labor, materials and
equipment necessary as described in Division 1, Section 01 15 50 and in
compliance with the Contract Documents for the linear feet unit price and
total price of ...
Except for bid items 1-8 and 10-11, all other portions of the Work set
forth in the Contract Documents, and as described in Division 01 ,
Section 01 15 50 for the lump sum price of...
10. Motorized Window Shades: Furnish all labor, materials and equipment
necessary to install motorized window shades as shown on Sheet 1-001
(R3, Alternate No. 1) and EP101 BC, EP102BC and EP103BC (Alternate
No.1) as described in Division 1, Section 01 15 50 and in compliance with
the Contract Documents for the lump sum price of ...
11. Demobilization including final progress payment, clean-up and restoration
of the project site as described in Division 01, Section 01 15 50 and in
conformance with the Contract Documents for a lump sum price of ...
Unit of Approx
Measurement Qty
Linear Feet 1, 140
Linear Feet 170
Lump Sum
Lump Sum
Lump Sum
(Name of Firm)
Unit Price Extended Price
X $ - $
X $ $
500,000
SUBTOTAL BASE BID ITEMS NO.1 THROUGH NO.11 (AWARD AMOUNT) $
BF-14 SCHEDULE OF PRICES
Page 3 of 3
C-BF-010521
CONTRACT NO. P1-128A
HEADQUARTERS COMPLEX AT PLANT NO. 1
ADDENDUM NO. 6
5/19/2021
1
Headquarters Complex at
Plant No. 1, Project No. P1‐128A
Presented By:
Kathy Millea
Director of
Engineering
Steering
Committee
May 26, 2021
Construction Contract Award
Need for Project
OCSD Plant No. 1Ellis Ave
Pa
c
i
f
i
c
St
2
• Staff Dispersed
Throughout Plant No. 1
• 130 Staff in Temporary
Trailers
• Aging Buildings & Trailers
• 1964 – 2003
• Buildings not Permitted
Ellis Ave
Pa
c
i
f
i
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St
Ellis Ave
Wa
r
d
St
Plant No. 1
1
2
5/19/2021
2
Ellis Ave
Project Location
3
Plant No. 1
Ellis Ave
Project Location
4
Plant No. 1
3
4
5/19/2021
3
Ellis Ave
Project Location
5
Plant No. 1
Pedestrian Bridge
6
Project Elements
OCSD Plant No. 1Ellis Ave
Pa
c
i
f
i
c
St
Headquarters Building Bridge Over Ellis Ave w/ Landing on Plant No. 1
Demolition and Sitework Utilities / Photovoltaics
5
6
5/19/2021
4
Project Site Development
OCSD Plant No. 1Ellis Ave
Pa
c
i
f
i
c
St
Ba
n
d
i
l
i
e
r
C
i
r
7
8
Project Site Development
December 2020
7
8
5/19/2021
5
9
Pandemic Considerations
Office Wings –Active Chilled Beams Board Room –Flexible Spacing
Single Occupancy Restrooms Glass Extensions on Cubicles
• 13 Firms Submitted Qualifications
• 8 Firms Prequalified
• 5 Bids Received
Contractor
Prequalification
Process
10
9
10
5/19/2021
6
11
Bid Results
Ellis Ave
Pa
c
i
f
i
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Bidder Amount of Bid
Engineer’s Estimate $103,134,000.00
Swinerton Builders $102,544,973.30
PCL Construction Services, Inc. $104,013,613.00
McCarthy Building Companies, Inc. $105,946,504.00
Bernards Bros. Inc. $108,309,000.00
S.J. Amoroso Construction Co. Inc. $112,977,000.00
Construction Contingency
Ellis Ave
Pa
c
i
f
i
c
St
12
Construction Contract $102,544,973.30
Contingency $5,127,249
% of Construction Cost 5%
11
12
5/19/2021
7
Project Schedule
Ellis Ave
Pa
c
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f
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St
13
Construction Start – June 2021
Final Completion – November 2023
–
Recommended Action
Ellis Ave
Pa
c
i
f
i
c
St
14
Recommend to the Board of Directors to:
• Receive and file Bid Tabulation and Recommendation for Headquarters Complex at Plant No. 1, Contract No. P1-128A;
• Award a Construction Contract to Swinerton Builders for Headquarters Complex at Plant No. 1, Contract No. P1-128A, for an amount not to exceed $102,544,974; and
• Approve a contingency of $5,127,249 (5%).
13
14
5/19/2021
8
Questions
?
15
15
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1666 Agenda Date:5/26/2021 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION
54956.8
RECOMMENDATION: Convene in Closed Session:
Property: 1516 W. Balboa Blvd., Newport Beach, CA; APN No. 047-222-10
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager, Lorenzo Tyner;
Assistant General Manager, Rob Thompson; and Director of Engineering, Kathy Millea.
Negotiating parties: City of Newport Beach
Under negotiation: Price and terms of payment
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are exempt
from public disclosure under the California Public Records Act, may be reviewed by the Board during
a permitted closed session and are not available for public inspection. At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 5/18/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1395680.1
555 A N T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: May 19, 2021
RE: Closed Session Items
The Steering Committee will hold a closed session on May 26, 2021 for the purpose of
conferring with its negotiators regarding the purchase of real property. The negotiating parties and
property are as follows: 1516 W. Balboa Blvd. Newport Beach, CA - APN No. 047-222-10. The
District’s negotiators are General Manager, Jim Herberg; Assistant General Manager, Robert
Thompson; Assistant General Manager, Lorenzo Tyner; and Director of Engineering, Kathy
Millea. Said closed session will be held pursuant to authority of California Government Code
Section 54956.8.
Respectfully submitted,
By: ___________________________
Bradley R. Hogin, General Counsel
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1669 Agenda Date:5/26/2021 Agenda Item No:CS-2
FROM:James D. Herberg, General Manager
SUBJECT:
THREAT TO PUBLIC SERVICES OR FACILITIES (GOVERNMENT CODE SECTION 54957 (A))
RECOMMENDATION: Convene in Closed Session:
Consultation with the Information Technology Systems & Operations Manager regarding cyber
security.
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are exempt
from public disclosure under the California Public Records Act, may be reviewed by the Board during
a permitted closed session and are not available for public inspection. At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 5/19/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1114541.2
555 A N T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: May 19, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on May 26, 2021 for the purpose
of conferring with the Information Technology Systems & Operations Manager regarding cyber
security. The closed session will be held pursuant to the authority of California Government
Code Section 54957(a).
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1675 Agenda Date:5/26/2021 Agenda Item No:CS-3
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a California corporation;
and Does 1-50, inclusive, Superior Court of California, County of Orange, Case No. 30-2019-
01100180-CU-WT-CJC.
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are exempt
from public disclosure under the California Public Records Act, may be reviewed by the Board during
a permitted closed session and are not available for public inspection. At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 5/19/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1411290.1
555 A N T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: May 19, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session May 26, 2021 for the purpose of
conferring with its legal counsel regarding existing litigation to which the District is a party. The
title of the case is Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a
California corporation; and Does 1-50, inclusive, Superior Court of California, County of Orange,
Case No. 30-2019-01100180. The closed session will be held pursuant to the authority of
California Government Code Section 54956.9(d)(1).
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
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.