HomeMy WebLinkAbout06-05-2024 Operations Committee Meeting Complete Agenda Packet
SPECIAL NOTICE
PUBLIC ATTENDANCE & PARTICIPATION AT PUBLIC MEETINGS
Operations Committee Meeting
Wednesday, June 5, 2024
5:00 p.m.
Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. IN-PERSON MEETING ATTENDANCE
You may attend the meeting in-person at the following location: Orange County Sanitation District Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708 ONLINE MEETING PARTICIPATION
You may join the meeting live via Teams on your computer or similar device or web browser by
using the link below: Click here to join the meeting
We suggest testing joining a Teams meeting on your device prior to the commencement of the
meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak
during the public comment section of the meeting. The Clerk of the Board will call upon you by
using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any
items. Additionally, camera feeds may be controlled by the meeting moderator to avoid
inappropriate content.
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455
When prompted, enter the Phone Conference ID: 378 750 582# All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device.
Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed
Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. WATCH THE MEETING ONLINE
The meeting will be available for online viewing at:
https://ocsd.legistar.com/Calendar.aspx SUBMIT A COMMENT
You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)”
or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting.
All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record.
For any questions and/or concerns, please contact the Clerk of the Board’s office at
714-593-7433. Thank you for your interest in OC San!
May 29, 2024
NOTICE OF REGULAR MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, June 5, 2024 – 5:00 P.M.
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to
participate in this meeting is detailed on the Special Notice attached to
this agenda. In general, OC San offers several ways in which to interact
during this meeting: you may participate in person, join the meeting live
via Teams on your computer or similar device or web browser, join the
meeting live via telephone, view the meeting online, and/or submit
comments for consideration before or during the meeting.
The Regular Meeting of the Operations Committee of the Orange County
Sanitation District will be held at the above location and in the manner
indicated on Wednesday, June 5, 2024 at 5:00 p.m.
OPERATIONS COMMITTEE MEETING DATE
BOARD MEETING DATE
06/05/24 06/26/24
07/10/24 * 07/24/24
AUGUST DARK 08/28/24
09/04/24 09/25/24
10/02/24 10/23/24
11/06/24 11/20/24 **
12/04/24 12/18/24 **
JANUARY DARK 01/22/25
02/05/25 02/26/25
03/05/25 03/26/25
04/02/25 04/23/25
05/07/25 05/28/25
* Meeting will be held on the second Wednesday of the month ** Meeting will be held on the third Wednesday of the month
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: June 5, 2024 Time: 5:00 p.m.
COMMITTEE MEMBERS (14)
Jon Dumitru (Chair)
Bob Ooten (Vice-Chair) Joyce Ahn
Debbie Baker
Doug Chaffee
Stephen Faessel
Phil Hawkins
Johnathan Ryan Hernandez
Stephanie Klopfenstein
Scott Minikus
Schelly Sustarsic
Bruce Whitaker Chad Wanke (Board Chair)
Ryan Gallagher (Board Vice-Chair)
OTHERS
Brad Hogin, General Counsel
STAFF
Rob Thompson, General Manager Lorenzo Tyner, Assistant General Manager
Mike Dorman, Director of Engineering
Laura Maravilla, Director of Human Resources Riaz Moinuddin, Director of Operations & Maintenance
Wally Ritchie, Director of Finance
Lan Wiborg, Director of Environmental Services
Kelly Lore, Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT Effective 01/23/2024 BOARD OF DIRECTORS Complete Roster
AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR
Anaheim
Stephen Faessel
Carlos A. Leon
Brea Christine Marick Cecilia Hupp
Buena Park Joyce Ahn Art Brown
Cypress Scott Minikus Bonnie Peat
Fountain Valley Glenn Grandis Ted Bui
Fullerton Bruce Whitaker Nick Dunlap
Garden Grove Stephanie Klopfenstein John O’Neill
Huntington Beach Pat Burns Gracey Van Der Mark
Irvine Farrah N. Khan Kathleen Treseder
La Habra Rose Espinoza Jose Medrano
La Palma Debbie Baker Mark I. Waldman
Los Alamitos Jordan Nefulda Shelley Hasselbrink
Newport Beach Brad Avery Erik Weigand
Orange Jon Dumitru John Gyllenhammer
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Benjamin Vazquez
Seal Beach Schelly Sustarsic Lisa Landau
Stanton David Shawver Carol Warren
Tustin Ryan Gallagher Austin Lumbard
Villa Park Robbie Pitts Jordan Wu
Sanitary/Water Districts
Costa Mesa Sanitary District Bob Ooten
Art Perry
Midway City Sanitary District Andrew Nguyen Tyler Diep
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Phil Hawkins Tom Lindsey
County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
OPERATIONS COMMITTEE
Regular Meeting Agenda
Wednesday, June 5, 2024 - 5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations,
please contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at
least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type
of accommodation requested.
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 OC San's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, and on the OC San’s website at www.ocsan.gov not less than 72 hours
prior to the meeting date and time above. All public records relating to each agenda item, including any public
records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are
available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be
considered or discussed. The recommended action does not indicate what action will be taken. The Board of
Directors may take any action which is deemed appropriate.
MEETING RECORDING: A recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at (714) 593-7433.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14
days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7110
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Director of Engineering: Mike Dorman, mdorman@ocsan.gov / (714) 593-7014
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
Director of Finance: Wally Ritchie, writchie@ocsan.gov / (714) 593-7570
Director of Human Resources: Laura Maravilla, lmaravilla@ocsan.gov / (714) 593-7007
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 5, 2024
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may participate in person, join the meeting live via Teams on your computer or similar device or
web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
REPORTS:
The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion,
without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in
the regular order of business.
1.2024-3638APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Operations Committee held May 1,
2024.
Originator:Kelly Lore
Agenda Report
05-01-2024 Operations Committee Minutes
Attachments:
2.2024-3415ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending March 31, 2024.
Originator:Mike Dorman
Agenda Report
Contract Performance Report for period ending 03/31/2024
Attachments:
Page 1 of 4
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 5, 2024
3.2024-3605TRICKLING FILTER C CENTER MAST ASSEMBLY REPLACEMENT AT
PLANT NO. 2, PROJECT NO. MP2-019
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source General Services Contract to Jamison Engineering
Contractors, Inc. for Trickling Filter C Center Mast Assembly Replacement at
Plant No. 2, Project No. MP2-019, for a total amount not to exceed $274,800
and;
B. Approve a contingency of $27,480 (10%).
Originator:Riaz Moinuddin
Agenda Report
MP2-019 General Services Contract - DRAFT
Attachments:
4.2024-3614TELESCOPIC BOOM LIFT REPLACEMENT
RECOMMENDATION:
A. Approve a purchase order to Pape Material Handling, Inc. for the purchase of
one (1) Telescopic Boom Lift using the Sourcewell Cooperative Contract for an
amount not to exceed $179,433; and
B. Approve a contingency of $8,972 (5%).
Originator:Riaz Moinuddin
Agenda ReportAttachments:
NON-CONSENT:
5.2023-2781DIGESTER C, D, F, AND G MECHANICAL REHABILITATION AT
PLANT NO. 2, PROJECT NO. FE20-02
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Digester C, D, F, and
G Mechanical Rehabilitation at Plant No. 2, Project No. FE20-02;
B. Award a Construction Contract Agreement to J.F. Shea Construction, Inc. for
Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2, Project No.
FE20-02, for a total amount not to exceed $3,694,000; and
C. Approve a contingency of $369,400 (10%).
Originator:Mike Dorman
Page 2 of 4
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 5, 2024
Agenda Report
FE20-02 Construction Contract Agreement Package
Presentation - FE20-02 Contract Award
Attachments:
6.2024-3640SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1, PROJECT NO.
FE19-04
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $318,480 (15%) to the construction contract with
GSE Construction Company Inc. for Sunflower Pump Replacement at Plant No. 1,
Project No. FE19-04, for a total construction contingency of $530,800 (25%).
Originator:Mike Dorman
Agenda Report
Presentation - FE19-04 Sunflower Contingency Increase
Attachments:
7.2024-3635OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $727,933 (8.5%) to the Professional Construction
Services Agreement with Brown and Caldwell for Ocean Outfall System Rehabilitation,
Project No. J-117, Outfall Low Flow Pump Station, Contract No. J-117B, for a new total
contingency not to exceed $1,584,324 (18.5%).
Originator:Mike Dorman
Agenda Report
Presentation - J-117 Consultant Contingency.pdf
Attachments:
8.2024-3491HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a project budget increase of $1,500,000 for Headquarters Complex at
Plant No. 1, Project No. P1-128 for a new total project budget of $171,000,000;
and
B. Approve a contingency increase of $1,538,175 (1.5%) to the existing
construction contract with Swinerton Builders for Headquarters Complex at Plant
No. 1, Project No. P1-128A, for a total contingency of $6,665,424 (6.5%).
Originator:Mike Dorman
Agenda Report
Presentation - P1-128 Construction Contingency
Attachments:
Page 3 of 4
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 5, 2024
INFORMATION ITEMS:
9.2024-3384FY 2024-25 AND 2025-26 BUDGET PRESENTATION
RECOMMENDATION:
Information Item.
Originator:Wally Ritchie
Agenda ReportAttachments:
10.2024-3637CRITICAL ASSET IDENTIFICATION AND PROCUREMENT RISK
MITIGATION
RECOMMENDATION:
Information Item.
Originator:Mike Dorman
Agenda Report
Presentation - Critical Asset GM Work Plan
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Operations Committee on July 10, 2024
at 5:00 p.m.
Page 4 of 4
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3638 Agenda Date:6/5/2024 Agenda Item No:1.
FROM:Robert Thompson, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve minutes of the Regular meeting of the Operations Committee held May 1, 2024.
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 22-37
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·May 1, 2024 Operations Committee meeting minutes
Orange County Sanitation District Printed on 5/28/2024Page 1 of 1
powered by Legistar™
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, May 1, 2024
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Operations Committee of the Orange County Sanitation District was
called to order by Committee Chairman Jon Dumitru on Wednesday, May 1, 2024 at 5:00
p.m. in the Administration Building of the Orange County Sanitation District. Board Chairman
Chad Wanke led the pledge of allegiance.
ROLL CALL AND DECLARATION OF QUORUM:
Assistant Clerk of the Board Tina Knapp declared a quorum present as follows:
PRESENT:Joyce Ahn, Debbie Baker, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephen Faessel, Johnathan Ryan Hernandez, Stephanie
Klopfenstein, Robert Ooten, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker and Bonnie Peat (Alternate)
ABSENT:Phil Hawkins
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Mike Dorman, Director of Engineering; Laura Maravilla, Director of Human
Resources; Riaz Moinuddin, Director of Operations and Maintenance; Wally Ritchie, Director
of Finance; Lan Wiborg, Director of Environmental Services; Tina Knapp, Assistant Clerk of
the Board; Mo Abiodun; Jennifer Cabral; Tanya Chong; Raul Cuellar; Thys DeVries; Brian
Engeln; Justin Fenton; Al Garcia; Marianne Kleine; Kelly Lore; Giti Radvar; Valerie Ratto; Don
Stokes; and Ruth Zintzun were present in the Board Room.
OTHERS PRESENT: Brad Hogin, General Counsel, and Linda Whitaker were present in the
Board Room. Anni Larkins, Jacobs, was present telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
General Manager Rob Thompson reported on recent smoke and leak-related activity at the
Sunflower trunkline, where it enters the Plant No. 1 Headworks Metering and Diversion
structure. Both Sunflower pumps are unavailable, and the flows are currently being diverted
to Plant No. 2. A short-term emergency was declared to allow staff to effectively and quickly
respond.
Chair Dumitru reminded the Committee that the Headquarters Ribbon Cutting will take place
on May 22, 2024 at 4:30 p.m. at the new building and requested that Board Members let the
Clerk of the Board know whether or not they will attend as soon as possible.
Page 1 of 7
OPERATIONS COMMITTEE Minutes May 1, 2024
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2024-3561
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Operations Committee held April 3,
2024.
AYES:Joyce Ahn, Debbie Baker, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephen Faessel, Stephanie Klopfenstein, Robert Ooten,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Bonnie Peat
(Alternate)
NOES:None
ABSENT:Phil Hawkins and Johnathan Ryan Hernandez
ABSTENTIONS:None
2.QUARTERLY ODOR COMPLAINT REPORT 2024-3572
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Fiscal Year 2023-24 Third Quarter Odor Complaint Report.
AYES:Joyce Ahn, Debbie Baker, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephen Faessel, Stephanie Klopfenstein, Robert Ooten,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Bonnie Peat
(Alternate)
NOES:None
ABSENT:Phil Hawkins and Johnathan Ryan Hernandez
ABSTENTIONS:None
3.COOPERATIVE PROCUREMENT WITH W.W. GRAINGER, INC.2024-3573
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a Blanket Purchase Order with W.W. Grainger, Inc. (Grainger, Inc.) for the
purchase of maintenance tools and supplies, utilizing the Sourcewell Cooperative
Agreement No. 091422-WWG in accordance with Ordinance No. OC SAN-61, Section
2.03(B), for the period beginning July 1, 2024, through June 30, 2025, with three
one-year renewal options, for a total amount not to exceed $375,000 annually.
Page 2 of 7
OPERATIONS COMMITTEE Minutes May 1, 2024
AYES:Joyce Ahn, Debbie Baker, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephen Faessel, Stephanie Klopfenstein, Robert Ooten,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Bonnie Peat
(Alternate)
NOES:None
ABSENT:Phil Hawkins and Johnathan Ryan Hernandez
ABSTENTIONS:None
NON-CONSENT:
4.ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENTS,
CONTRACT NO. FE24-00-XX
2024-3413
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve Annual Professional Design Services Agreements (PDSA) with the
following firms to provide professional engineering design and construction
support services for a term of three (3) years commencing July 1, 2024 and
expiring June 30, 2027, with a maximum annual fiscal year contract limitation
not to exceed $1,000,000 for each PDSA, and
FIRM CONTRACT NO.
1. AtkinsRéalis USA, Inc. FE24-00-01
2. Black and Veatch Corporation FE24-00-02
3. Brown and Caldwell FE24-00-03
4. Civiltec Engineering, Inc. FE24-00-04
5. Dudek FE24-00-05
6. GHD Inc. FE24-00-06
7. Hazen and Sawyer FE24-00-07
8. HDR Engineering, Inc. FE24-00-08
9. Kennedy/Jenks Consultants, Inc. FE24-00-09
10. Kleinfelder, Inc. FE24-00-10
11. Lee & Ro, Inc. FE24-00-11
12. Michael Baker International, Inc. FE24-00-12
13. ProjectLine Technical Services, Inc. FE24-00-13
14. SPEC Services, Inc. FE24-00-14
15. Stantec Consulting Services, Inc. FE24-00-15
B. Approve two additional one-year optional extensions for each PDSA.
AYES:Joyce Ahn, Debbie Baker, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephen Faessel, Stephanie Klopfenstein, Robert Ooten,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Bonnie Peat
(Alternate)
NOES:None
Page 3 of 7
OPERATIONS COMMITTEE Minutes May 1, 2024
ABSENT:Phil Hawkins and Johnathan Ryan Hernandez
ABSTENTIONS:None
Director Johnathan Ryan Hernandez arrived at the meeting at 5:17 p.m.
5.TAFT BRANCH IMPROVEMENTS, PROJECT NO. 2-49 2023-3042
Originator: Mike Dorman
Director of Engineering Mike Dorman introduced Engineering Supervisor Valerie Ratto
who provided a PowerPoint presentation regarding the Taft Branch improvements
project. The presentation included an overview of the project location, the City of
Orange sewer transfer agreement, CEQA, outreach efforts, bid results, budget
increase, and recommendation.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Adopt Resolution No. OC SAN 24-XX entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the mitigated
negative declaration for the Taft Avenue Sewer Improvement Project, Project
No. 2-49; adopting a mitigation monitoring and reporting program; and approving
the Taft Branch Improvements, Project No. 2-49” which (1) adopts the Initial
Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program for the Taft Avenue Sewer Improvement Project, Project No. 2-49,
prepared by Woodard & Curran Inc.; (2) approves the project; and (3) directs
staff to file a Notice of Determination pursuant to the California Environmental
Quality Act;
B. Approve a project budget increase of $3,900,000 for Taft Branch Improvements,
Project No. 2-49, for a new total project budget of $31,200,000;
C. Receive and file the Bid Tabulation and Recommendation for Taft Branch
Improvements, Project No. 2-49;
D. Award a Construction Contract Agreement to Big Ben Inc. for Taft Branch
Improvements, Project No. 2-49, for a total amount not to exceed $20,458,250;
E. Approve a contingency of $2,045,825 (10%);
F. Approve the Sewer Transfer Agreement between Orange County Sanitation
District and the City of Orange, in a form approved by General Counsel; and
direct the Clerk of the Board to record the document with the Orange County
Clerk-Recorder’s office; and
G. Approve the Memorandum of Understanding between Orange County Sanitation
District and the City of Orange for the Construction and Transfer of Sewer
Facilities in Conjunction with Project No. 2-49.
Page 4 of 7
OPERATIONS COMMITTEE Minutes May 1, 2024
AYES:Joyce Ahn, Debbie Baker, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephen Faessel, Johnathan Ryan Hernandez, Stephanie
Klopfenstein, Robert Ooten, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker and Bonnie Peat (Alternate)
NOES:None
ABSENT:Phil Hawkins
ABSTENTIONS:None
6.TAFT BRANCH IMPROVEMENTS, PROJECT NO. 2-49 2023-3044
Originator: Mike Dorman
Ms. Ratto provided a brief introduction to and overview of this item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Construction Services Agreement with Woodard &
Curran Inc. to provide construction support services for Taft Branch
Improvements, Project No. 2-49, for a total amount not to exceed $1,108,033;
and
B. Approve a contingency of $110,803 (10%).
AYES:Joyce Ahn, Debbie Baker, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephen Faessel, Johnathan Ryan Hernandez, Stephanie
Klopfenstein, Robert Ooten, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker and Bonnie Peat (Alternate)
NOES:None
ABSENT:Phil Hawkins
ABSTENTIONS:None
INFORMATION ITEMS:
7.CONSTRUCTION CHANGE ORDER GOALS AND CONTINGENCY
RECOMMENDATIONS
2024-3566
Originator: Mike Dorman
Mr. Dorman provided a brief introduction to the item and introduced Engineering
Manager Raul Cuellar who provided a PowerPoint presentation regarding construction
change order goals and contingency recommendations which included an overview of
active construction contracts, project types, historical cumulative change order rates,
the construction forecast, change order goals and recommendations, local agency
change order contingencies, contingency budgeting recommendations, and
construction change order mitigation measures.
Page 5 of 7
OPERATIONS COMMITTEE Minutes May 1, 2024
ITEM RECEIVED AS AN:
Information Item.
8.CAPITAL IMPROVEMENT PROGRAM PROPOSED BUDGET FOR FY
2024-25 & 2025-26
2024-3395
Originator: Mike Dorman
Mr. Dorman provided a brief introduction to the item and introduced Engineering
Manager Justin Fenton who provided a PowerPoint presentation regarding the capital
improvement program (CIP) proposed budget for FY 2024-25 and 2025-26. The
presentation included an overview of FY2023-24 expenses, the CIP, the annual update
process, a 10 and 20-year net CIP forecast, the top 15 changes, the P1-140 Activated
Sludge 1 Rehabilitation at Plant No. 1 project, the 7-69 North Tustin-Orange
Improvements project, the P2-138 Operations and Maintenance Complex at Plant No.
2 project, the projected FY 2024-25 net CIP, and a summary of capital expenses. Mr.
Fenton introduced Ruth Zintzun, Finance & Procurement Manager, who reviewed the
FY 2024-25 CIP reserves and key meeting dates.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
In response to Committee Vice-Chairman Bob Ooten's request for a presentation on the Dry
Weather Urban Runoff Program, Mr. Dorman provided a brief overview of the program and
indicated a more detailed presentation would be made in the future.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Dumitru declared the meeting adjourned at 5:58 p.m. to the next Regular Operations
Committee meeting to be held on Wednesday, June 5, 2024 at 5:00 p.m.
Page 6 of 7
OPERATIONS COMMITTEE Minutes May 1, 2024
Submitted by:
_____________________
Tina Knapp, MMC
Assistant Clerk of the Board
Page 7 of 7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3415 Agenda Date:6/5/2024 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period ending March
31, 2024.
BACKGROUND
The Engineering Program involves awarding and managing multiple construction and consulting
contracts.In 2008,the Orange County Sanitation District (OC San)Board of Directors began
authorizing contingencies along with construction and consulting contracts,allowing the General
Manager to approve construction change orders and amendments to consulting contracts up to the
amount of the authorized contingency.This practice reduces administrative costs,expedites
resolution of project issues that arise,helps avoid contractor delay claims,and facilitates efficient
management of many contracts.
The Engineering Program Contract Performance Report summarizes construction and consulting
contract performance and activities for the quarter ending March 31,2024.This report is updated
quarterly and includes a summary of the General Manager approved contract contingencies among
other key performance indicators.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Engineering Program Contract Performance Report for the period ending March 31, 2024
EY: tk
Orange County Sanitation District Printed on 5/28/2024Page 1 of 1
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Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
1
DATE: June 05, 2024
TO: Orange County Sanitation District Board of Directors
FROM: Rob Thompson, General Manager Through: Mike Dorman, Director of Engineering
This report summarizes the status, activities, and performance of construction contracts
and consultant agreements. This report also identifies the names and status of projects being performed under master budgets for planning studies, research, small construction projects, Operations & Maintenance capital projects and information technology projects.
As of March 31, 2024, Orange County Sanitation District (OC San) Engineering
Department manages 128 active projects, with project budgeting totaling close to $3.5
billion. These projects are in various project phases, ranging from Project Development to Closeout. The graphic below shows the number of projects in each of the project phases.
This report is organized into six parts, as follows. Detailed tables can be found in the
appendix section of the report.
Part 1 – Construction Contracts Page 2
Part 2 – Engineering Professional Services Agreements Page 4
Part 3 – Master Budget Projects Page 6
Part 4 – Supplemental Engineering Services Contract Page 7
Part 5 – Programming Professional Services Contract Page 9
Part 6 – On-Call Services Agreements Page 11
Appendix (Tables 1 through 13) Page 13
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Contract Performance Report
For the Period Ending March 31, 2024
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PART 1 - CONSTRUCTION CONTRACTS
Construction Contracts
As shown in the graph below, there are currently 55 active construction contracts totaling $869 million. The active construction contracts, include 36 plant projects,12 collections projects and seven other projects (maintenance, small capital, and research projects). Table 1 in the appendix lists the Board-awarded construction contracts while Tables 2
and 3 list the Operations Committee and General Manager awarded construction contracts, active as of March 31, 2024. The General Manager may award contracts up to $150,000 and task orders up to $500,000.
The table below summarizes the number of active and closed construction contracts and
total contract amounts. See Tables 4, 5 and 6 in the appendix for a list of the closed contracts.
Type Contracts Total Contract Amount
Active Board-Awarded Construction Contracts 48 $868,383,135
Active Ops Committee Awarded Construction Contracts 3 $462,929
Active GM Awarded Construction Contracts 4 $354,965
Closed Board-Awarded Construction Contracts 1 $432,400
Closed Committee-Awarded Construction Contracts 0 $0
Closed GM Awarded Construction Contracts 0 $0
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Cumulative Change Order Rates
When the OC San Board of Directors awards a construction contract, they also approve
a contingency which allows the General Manager to approve contract change orders up
to the amount of the contingency. One purpose of this report is to document how much
of the contingency is utilized. A contract’s change order rate is only meaningful when the
work is completed. As such, this report's change order performance charts are based only
on contracts closed since the Board began approving contingencies in 2008. The
following chart shows how cumulative change order rates have changed for plant,
collections, and all contracts since the contingency system was implemented.
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PART 2 – ENGINEERING PROFESSIONAL SERVICES AGREEMENTS
Professional Design and Related Service Agreements
OC San engages engineering consultants through Professional Service Agreements (PSAs), Professional Design Services Agreements (PDSAs), and Professional Construction Services Agreements (PCSAs). PDSAs are used to obtain design engineering services, and PCSAs are a subsequent agreement with the design consultant
to provide support services during construction. PSAs are used for planning studies and other consultant assignments. There are currently 50 Professional Design and Related Service Agreements (29 individual firms) with total agreement amount of $236,693,371. Table 7 in the appendix provides a detailed list of Professional Design and Related Service Agreements.
Master Agreements
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects. On those smaller projects, OC San solicits task order proposals from interested firms and awards a task order to the most qualified consultant. There are currently five sets of Master Agreements.
• 2017 Master Agreements for Planning Studies (expired)
• 2018 Master Professional Design Services Agreements (expired)
• 2020 Master Agreements for Planning Studies
• 2021 Master Professional Design Services Agreements
• Agreement for Design Installation, Implementation and Maintenance of a Process Control System
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The 2017 Master Agreements for Planning Studies and the 2018 Master Professional
Design Services Agreements have expired, meaning no new task orders can be issued under them, but previously issued task orders remain active until completed. Task Orders are limited by OC San Ordinance No. OC SAN-61 to $500,000 per task order. Below is a summary of the various master agreements with active task orders. See Table 8 in the
appendix for a detailed list of task orders.
Task Order Contracts Total Contract Amount
2017 Master Agreements for Planning Studies 1 $274,888
2018 Master Professional Design Service Agreements 19 $3,515,372
2020 Master Agreements for Planning Studies 5 $1,181,073
2021 Master Professional Design Service Agreement 12 $2,584,151
Master Service Agreements
Through a competitive procurement process, a Master Services Agreement (MSA) was
awarded to ABB Inc. for the design, installation, implementation, and maintenance of a
control system for a term of 15 years with renewals up to 25 years under Project SP-
196, Process Control Systems Upgrades Study. Specific equipment and services will be
procured under task orders associated with each CIP project and operating budget.
Task Order Contracts Total Contract Amount
Design Installation, Implementation and Maintenance of a Process Control System Master Agreement 1 $11,803,801
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PART 3 – MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2022-23 and 2023-24 includes master program budgets that allow staff to initiate, execute, and manage smaller projects that fit within the scope of a particular program more quickly. The projects chartered under these program budgets are referred to as sub-projects and are managed to the same standards
as projects specifically listed in the adopted budget. A status table for each of these
programs listing the sub-projects is attached in the appendix. These projects include Planning Studies (PS), Research (RE), Facility Engineering (FE), Information Technology (IT), Maintenance (MP), and Small Capital (SC).
Master Program Title Status Table Number of Projects Total Allocated Budget
Planning Studies Program Table 9 20 $16,230,660
Research Program Table 10 2 $8,101,029
Small Construction Projects Program Table 11 34 $80,369,700
Information Technology Capital Program Table 12 9 $2,220,076
Operations & Maintenance Capital Program Table 13 8 $15,578,000
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PART 4 – SUPPLEMENTAL ENGINEERING SERVICES CONTRACT
In April of 2022, the OC San Board of Directors approved two Professional Service Agreements - one with AECOM Technical Services, Inc. and one with Jacobs Project Management Co. - to provide Supplemental Engineering Services for a three-year period commencing May 1, 2022, through April 30, 2025, with two one-year renewal options.
The Board approved the agreements for an amount not to exceed $29,700,000 per
individual agreement.
The benefits of using a supplemental engineering services contract, as opposed to hiring full-time staff or limited-term employees, include rapid mobilization of highly skilled/technical staff, flexibility to change the mix of staff positions on an immediate and
as-needed basis, the ability to reduce staff as workloads decrease, access to technical
experts to support special tasks, and access to staff with wastewater project experience.
Status tables for the supplemental engineering services contract and labor summary for the 2022 Supplemental Engineering Services Contract with AECOM and Jacobs Project Management Co. are included below.
2022 Supplemental Engineering Services Contract Status (AECOM)
Total Fees Time
Contract $29,700,000 60 months (1)
Actuals to Date $1,647,187 5.5% 23 Months 38.3%
Remaining $28,052,813 94.5% 37 Months 61.7%
(1) Assuming two additional 1-year extensions
2022 Supplemental Engineering Services Labor Summary (AECOM)
This Quarter Inception to Date
Labor Hours 1,745 9,379
Full Time Equivalents 3.88 2.72
Labor Costs (no expenses) $314,461 $1,608,518
Average Hourly Rate $180.21 $171.50
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2022 Supplemental Engineering Services Contract Status (Jacobs)
Total Fees Time
Contract $29,700,000 60 Months (1)
Actuals to Date $8,806,200 29.7% 23 Months 38.3%
Remaining $20,893,800 70.3% 37 Months 61.7%
(1) Assuming two additional 1-year extensions
2022 Supplemental Engineering Services Labor Summary (Jacobs)
This Quarter Inception to Date
Labor Hours 13,952 53,518
Full Time Equivalents 29 21
Labor Costs (no expenses) $2,271,776 $8,430,583
Average Hourly Rate $163 $163
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PART 5 – PROGRAMMING PROFESSIONAL SERVICES CONTRACT
In April of 2022, the OC San Board of Directors approved two Professional Service Agreements - one with Enterprise Automation and one with Maverick Technologies - to provide Programming Professional Services for a three-year period commencing May 11, 2022, through May 10, 2025, with two one-year renewal options. The Board approved the
agreements for an amount not to exceed $4,900,000 per individual agreement.
The programming professional services will program, test, commission, maintain, upgrade, and configure programmable logic controllers, HMI graphics, databases, servers, and networks for select projects. The benefits of using a programming professional services contract, as opposed to hiring full-time staff or limited-term
employees, include the ability to provide the needed short-term resources during the
execution of Project No. J-120, Process Control Systems Upgrades, rapid mobilization of highly skilled technical resources, flexibility to change the mix of needed resources to match project requirements, and the ability to increase or reduce project resources as workloads change.
Status tables for the programming professional services contract and labor summary for
the 2022 Programming Professional Services Contract with Enterprise Automation and Maverick Technologies are included below.
2022 Programming Professional Services Contract Status (Enterprise Automation)
Total Fees Time
Contract $4,900,000 60 months (1)
Actuals to Date $1,663,148 34% 23 Months 38%
Remaining $3,236,852 66% 37 Months 62%
(1) Assuming two additional 1-year extensions
2022 Programming Professional Services Labor Summary (Enterprise Automation)
This Quarter Inception to Date
Labor Hours 803 8870
Full Time Equivalents 1.5 2.2
Labor Costs (no expenses) $158,195 $1,663,065
Average Hourly Rate $197 $187
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2022 Programming Professional Services Contract Status (Maverick Technologies)
Total Fees Time
Contract $4,900,000 60 months (1)
Actuals to Date $769,380 16% 23 Months 38%
Remaining $4,130,620 89% 37 Months 62%
(1) Assuming two additional 1-year extensions
2022 Programming Professional Services Labor Summary (Maverick Technologies)
This Quarter Inception to Date
Labor Hours 1144 4117
Full Time Equivalents 2.2 1.1
Labor Costs (no expenses) $208,547 $769,380
Average Hourly Rate $182 $187
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PART 6 – ON-CALL SERVICES AGREEMENTS
OC San uses three sets of on-call services agreements for coating inspection and corrosion testing; materials testing, inspection, and other geotechnical testing; and surveying. Services are typically requested by inspection supervisors as needs arise, and the work is generally spread among the available firms.
The table below lists the contract limits and funds expended to date for each of the
agreements which became effective on March 23, 2022, and will expire on April 30, 2025. For each of these services, OC San typically uses a single firm for a particular construction contract.
Consultant Contract Limit Total Costs Incurred Remaining
Coating Inspection Services (PSA2022-001)
CSI Services, Inc. $300,000 $36,412 $263,588
Diversified Project Services Int'l (DPSI) $300,000 $78,076 $221,924
Geotechnical Testing Services (PSA2022-003)
AESCO $400,000 $273,497 $126,503
Atlas Technical Consultants $400,000 $215,287 $184,713
Koury Engineering and testing, Inc. $400,000 $179,727 $220,273
MTGL, Inc $400,000 $114,956 $285,044
Surveying Services (PSA2022-002)
D.Woolley & Associates $200,000 $15,085 $184,915
Michael Baker International, Inc. $200,000 $8,848 $191,152
Psomas $200,000 $6,438 $193,562
Stantec Consulting Services, Inc. $200,000 $45,435 $154,565
OC San uses an on-call corrosion engineering service agreement to perform condition
assessments and an on-call corrosion engineering support agreement to support
condition assessment and provide confined space entry support.
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The table below list the contract limits and funds expended to date for each of the
agreements. The Corrosion Management Support Services is a one-year agreement
with four one-year renewal options that became effective on February 1, 2020. The
Condition Assessment On-Call Contractor Support Services is a one-year agreement
with four one-year renewal options that became effective on November 1, 2021.
Consultant Contract Limit Total Costs Incurred Remaining
Corrosion Management Support Services
Corrpro Companies Inc $600,000 $88,709 $511,292
Condition Assessment On-Call Contractor Support Services
Jamison Engineering Contractors, Inc $783,470 $194,846 $588,624
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APPENDIX
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Table 1 - Board-Awarded Construction Contracts Project/Contract Contractor Award Contract Amount Contingency
Date Award Change Orders Current % Spent Original Current Used Remaining
3-62 Westminster Blvd Force Main Replacement
Teichert Energy - Utilities Group, Inc.
12/18/2019 $27,743,000 $3,875,135 $31,618,135 100.0% 10.0% 14.0% 14.0% 0.0%
3-64B Los Alamitos Trunk Sewer Rehabilitation Steve P. Rados, Inc. 05/26/2021 $17,775,000 $204,958 $17,979,958 84.1% 10.0% 10.0% 1.2% 8.8%
3-67 Seal Beach Pump Station Replacement Walsh Construction Company II, LLC
12/14/2023 $97,032,743 $0 $97,032,743 0.0% 10.0% 10.0% 0.0% 10.0%
5-68 Newport Beach Pump Station Pressurization Improvements
Innovative Construction Solutions
04/25/2023 $937,500 $64,715 $1,002,215 86.7% 10.0% 17.0% 6.9% 10.1%
7-65 Gisler-Red Hill Interceptor and Baker Force Main Rehabilitation
Steve P. Rados, Inc. 05/24/2023 $44,706,000 ($1,216,714) $43,489,286 9.5% 10.0% 10.0% -2.7% 12.7%
7-66 Sunflower and Red Hill interceptor Repairs
Charles King Company 07/28/2021 $4,777,000 $494,952 $5,271,952 100.0% 10.0% 11.0% 10.4% 0.7%
7-68 MacArthur Force Main Improvements SRK Engineering, Inc. 10/20/2023 $3,897,000 $0 $3,897,000 7.5% 10.0% 10.0% 0.0% 10.0%
FE18-13 Redhill Relief Sewer Relocation at State Route 55
SRK Engineering, Inc. 06/22/2022 $2,213,000 $0 $2,213,000 0.0% 15.0% 15.0% 0.0% 15.0%
FE18-14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2
MMC, Inc. 12/16/2020 $1,134,000 $4,348 $1,138,348 59.3% 15.0% 15.0% 0.4% 14.6%
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Table 1 - Board-Awarded Construction Contracts Project/Contract Contractor Award Contract Amount Contingency
Date Award Change Orders Current % Spent Original Current Used Remaining
FE18-15 Plant Boiler System Relief at Plant No. 2 MMC, Inc. 04/28/2021 $230,000 $24,528 $254,528 100.0% 15.0% 15.0% 10.7% 4.3%
FE19-01 Pump Station Portable Generator Connectors
Pacific Industrial Electric 09/29/2021 $1,207,479 $87,020 $1,294,499 70.1% 10.0% 16.0% 7.2% 8.8%
FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1
Garney Pacific, Inc. 02/23/2022 $778,000 $18,317 $796,317 75.3% 10.0% 10.0% 2.4% 7.6%
FE19-04 Sunflower Pump Replacement at Plant No. 1
GSE Construction Company, Inc. 10/27/2021 $2,123,200 $0 $2,123,200 42.2% 10.0% 10.0% 0.0% 10.0%
FE19-06 EPSA Motor Cooling Improvements at Plant No. 2
MMC, Inc. 09/29/2021 $854,000 $43,916 $897,916 100.0% 10.0% 10.0% 5.1% 4.9%
FE19-08 Secondary Treatment VFD Replacements at Plant No. 2
ACS Engineering 03/23/2022 $1,433,000 $0 $1,433,000 6.5% 10.0% 10.0% 0.0% 10.0%
FE20-01 Wastehauler Station Safety and Security Improvements
Leed Electric 09/28/2022 $1,689,788 $148,992 $1,838,780 96.4% 10.0% 16.0% 8.8% 7.2%
FE20-03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1
GSE Construction Company, Inc.
12/15/2022 $3,985,400 $0 $3,985,400 54.6% 10.0% 10.0% 0.0% 10.0%
FE20-04 Cengen Cooling Water Pipe Replacement at Plant No. 2
Innovative Construction Solutions
11/16/2022 $3,487,600 $0 $3,487,600 24.6% 10.0% 10.0% 0.0% 10.0%
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Table 1 - Board-Awarded Construction Contracts Project/Contract Contractor Award Contract Amount Contingency
Date Award Change Orders Current % Spent Original Current Used Remaining
FE20-06 Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1
Garney Pacific, Inc. 02/23/2022 $793,000 $8,062 $801,062 100.0% 10.0% 10.0% 1.0% 9.0%
FE20-07 Santa Ana Trunk Rehabilitation at Plant No. 1
Sancon Technologies Inc.
04/27/2022 $395,082 $5,497 $400,579 100.0% 20.0% 20.0% 1.4% 18.6%
FE20-08 Olive Sub-Trunk Siphon Rehabilitation at Santa Ana River
MMC, Inc. 04/26/2023 $1,944,000 $0 $1,944,000 2.3% 10.0% 10.0% 0.0% 10.0%
FE20-09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2
ADT Commercial, LLC 12/15/2022 $313,000 $0 $313,000 85.6% 10.0% 10.0% 0.0% 10.0%
FE21-07 Liquid Oxygen Tank A Replacement at Plant No. 2
J.R. Filanc Construction Company, Inc.
01/18/2023 $2,608,007 $0 $2,608,007 12.0% 10.0% 10.0% 0.0% 10.0%
FR1-0005 Cengen and 12Kv Service Center Switchgear Battery System Upgrades at Plant No. 1
Mass Electric Construction Co. 11/27/2023 $970,000 $0 $970,000 0.0% 10.0% 10.0% 0.0% 10.0%
FR1-0007R Control Center Offices and Day Training Room
A2Z Construct Inc. 02/20/2024 $348,000 $0 $348,000 0.0% 0.0% 10.0% 0.0% 10.0%
FR1-0011 VFD Replacements at Plant No. 1 ACS Engineering 12/15/2022 $1,214,888 $0 $1,214,888 12.9% 10.2% 10.2% 0.0% 10.2%
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Table 1 - Board-Awarded Construction Contracts Project/Contract Contractor Award Contract Amount Contingency
Date Award Change Orders Current % Spent Original Current Used Remaining
FR1-0016 Waste Sidestream Pump Station VFD replacements at Plant No.1
Leed Electric 03/23/2022 $344,889 $0 $344,889 95.7% 15.0% 15.0% 0.0% 15.0%
FR1-0017 Trickling Filter Valve Replacement at Plant No. 1
Vicon Enterprise 02/13/2024 $257,300 $0 $257,300 0.0% 10.0% 10.0% 0.0% 10.0%
FR2-0018 Activated Sludge Clarifier Repairs at Plant No. 2
Garney Pacific, Inc. 07/27/2022 $5,091,686 $32,693 $5,124,379 82.1% 10.0% 10.0% 0.6% 9.4%
FR2-0023 Activated Sludge Clarifier Entry Improvements at Plant No. 2
Tharsos, Inc. 03/21/2024 $1,171,000 $0 $1,171,000 0.0% 10.0% 10.0% 0.0% 10.0%
FR2-0026 Headworks Phase 3 Cable Replacement at Plant No. 2
ACS Engineering 02/22/2023 $575,360 $0 $575,360 11.2% 20.0% 20.0% 0.0% 20.0%
FR2-0027 Heavy Mechanics Group Office Space Upgrade at Plant No. 2
MBE Construction 02/07/2024 $195,676 $0 $195,676 0.0% 10.0% 10.0% 0.0% 0.0%
J-117B Outfall Low Flow Pump Station Shimmick Construction 12/19/2018 $90,200,000 $4,413,784 $94,613,784 90.7% 8.0% 8.0% 4.9% 3.1%
J-120 Process Control Systems Upgrades ABB, Inc. 07/28/2021 $11,818,480 ($14,679) $11,803,801 30.8% 10.0% 10.0% -0.1% 10.1%
J-135B Engine and Generator Overhauls at Plant No. 1 and 2
Cooper Machinery Services
07/27/2022 $29,361,029 $2,703,260 $32,064,289 46.6% 10.0% 15.6% 9.2% 6.4%
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Table 1 - Board-Awarded Construction Contracts Project/Contract Contractor Award Contract Amount Contingency
Date Award Change Orders Current % Spent Original Current Used Remaining
MP-307 Bushard Diversion Structure Repair Abhe - Svoboda, Inc. 06/22/2022 $1,762,545 $0 $1,762,545 0.0% 10.0% 10.0% 0.0% 10.0%
P1-105 Headworks Rehabilitation at Plant 1
Kiewit Infrastructure West Co.
03/24/2021 $222,330,000 $2,711,063 $225,041,063 46.1% 4.0% 4.0% 1.2% 2.8%
P1-128A Headquarters Complex at Plant No. 1
Swinerton Builders 05/26/2021 $102,544,973 $3,482,408 $106,027,381 97.1% 5.0% 5.0% 3.4% 1.6%
P1-128A.1 Headquarters Complex at Plant No. 1
EIDIM Group, Inc.
09/20/2023 $1,580,000 $0 $1,580,000 39.9% 10.0% 10.0% 0.0% 10.0%
P1-132 Uninterruptable Power Supply Improvements at Plant 1
Leed Electric 12/15/2022 $5,765,789 $0 $5,765,789 49.2% 10.0% 10.0% 0.0% 10.0%
P1-133 Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1
Shimmick Construction 02/23/2022 $6,275,000 $0 $6,275,000 72.0% 10.0% 10.0% 0.0% 10.0%
P1-134 South Perimeter Security and Utility Improvements at Plant No.1
Tovey-Shultz Construction, Inc. 07/28/2021 $4,396,779 $329,003 $4,725,782 97.7% 10.0% 10.0% 7.5% 2.5%
P2-122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
Shimmick Construction 01/22/2020 $14,487,735 $739,246 $15,226,981 100.0% 10.0% 10.0% 5.1% 4.9%
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Table 1 - Board-Awarded Construction Contracts Project/Contract Contractor Award Contract Amount Contingency
Date Award Change Orders Current % Spent Original Current Used Remaining
P2-127 Collections Yard Relocation and Warehouse Demolition at Plant No. 2
Archico Design Build, Inc. 09/19/2023 $6,500,000 $21,106 $6,521,106 15.2% 10.0% 10.0% 0.3% 9.7%
P2-98A A-Side Primary Clarifiers Replacement at Plant 2
PCL CONSTRUCTION INC.
05/26/2021 $111,405,880 $934,874 $112,340,754 39.0% 6.0% 6.0% 0.8% 5.2%
RE21-01 Supercritical Water Oxidation Demonstration at Plant No. 1
Garney Pacific, Inc.
12/15/2022 $1,172,000 $78,842 $1,250,842 94.3% 10.0% 10.0% 6.7% 3.3%
SC19-06 EPSA Standby Power Generator Control Upgrades at Plant No. 2
Shimmick Construction
10/17/2023 $3,500,000 $0 $3,500,000 4.3% 10.0% 10.0% 0.0% 10.0%
SC22-01 EPSA Electrical Building and Distribution Center H HVAC System Replacement at Plant No. 2
Trane U.S. Inc. 06/28/2023 $3,862,000 $0 $3,862,000 17.5% 10.0% 10.0% 0.0% 10.0%
Total $849,187,808 $19,195,326 $868,383,135
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Table 2 - Operations Committee Awarded Construction Contracts Project/Contract Contractor Award Date Contract Amount Contingency
Award Change Orders Current % Spent Original Current Used Remaining
FE19-13 VFD Replacements at Seal Beach Pump Station Energy Management Corporation
02/02/2022 $138,650 $3,991 $142,641 100.0% 20.0% 20.0% 2.9% 17.1%
FR2-0029 Influent Pump Station Plant Water Piping Repair at Plant No. 2
W.A. Rasic Construction Company
06/07/2023 $177,063 $0 $177,063 0.0% 20.0% 20.0% 0.0% 20.0%
SC23-01 Electric Vehicle Charging Stations and Network Installation
Chargie, LLC 11/14/2023 $143,225 $0 $143,225 0.0% 20.0% 20.0% 0.0% 20.0%
Total $458,938 $3,991 $462,929
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Table 3 - GM Awarded Construction Contracts Project/Contract Contractor Award Date Contract Amount Contingency
Award Change Orders Current % Spent Original Current Used Remaining
FE21-06 Chemical Dosing Station Installation at Westside Pump Station
RP Controls, Inc. 05/09/2023 $62,565 $0 $62,565 100.0% 20.0% 20.0% 0.0% 20.0%
FR2-0022 Digester O Structural repairs at Plant No. 2 Jamison Engineering
03/14/2022 $89,500 $0 $89,500 0.0% 10.0% 10.0% 0.0% 10.0%
FR2-0025 Digester O-T and Q-R Bridge Repair at Plant No. 2
O'Connell Engineering & Construction, Inc.
03/14/2022 $115,450 $38,000 $153,450 90.7% 10.0% 32.9% 32.9% 0.0%
MP2-002 Ella Tunnel Walkway Replacement at Plant 2 O'Connell Engineering & Construction, Inc.
10/20/2022 $49,450 $0 $49,450 100.0% 10.0% 10.0% 0.0% 10.0%
Total $316,965 $38,000 $354,965
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
22
Table 4 - Closed Board-Awarded Construction Contracts Project/Contract Contractor Award Date Closed Date Contract Amount Contingency
Award Change Orders Final Original Final Unused
SC19-03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No. 2 OTIS 12/16/2020 02/09/2024 $432,400 $0 $432,400 20.0% 20.0% 20.0%
Total $432,400 $0 $432,400
Table 5 - Closed Committee -Awarded Construction Contracts Project/Contract Contractor Award Date Closed Date Contract Amount Contingency
Original Award Amount
Change Orders Final Contract Amount
Original Final Unused
Total
No Committee-awarded construction contract closed this quarter
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
23
Table 6 - Closed GM-Awarded Construction Contracts Project/Contract Contractor Award Date Closed Date Contract Amount Contingency
Original Award Amount
Change Orders Final Contract Amount
Original Final Unused
Total
No GM-awarded construction contract closed this quarter
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
24
Table 7 - Active Engineering Services Agreements Project/Contract Consultant Type Award Date Contract Amount Contingency
Award Amendments Current % Spent Original Current Used Remaining
11-33 Edinger Pump Station Replacement
Arcadis U.S., Inc. PDSA 09/27/2023 $3,125,590 $0 $3,125,590 36% 10.0% 10.0% 0.0% 10.0%
1-23 Santa Ana Trunk Sewer Rehabilitation
Stantec Consulting Services, Inc.
PDSA 04/27/2022 $3,880,000 $0 $3,880,000 54% 10.0% 10.0% 0.0% 10.0%
1-24 Greenville Trunk Improvements
Brown and Caldwell PDSA 10/26/2022 $4,730,000 $0 $4,730,000 33% 10.0% 10.0% 0.0% 10.0%
2-49 Taft Branch Improvements Woodard & Curran, Inc. PDSA 02/24/2021 $2,200,000 $147,062 $2,347,062 97% 10.0% 10.0% 6.7% 3.3%
3-60 Knott - Miller Holder Artesia Branch Rehabilitation
Dudek PDSA 10/24/2023 $1,200,000 $0 $1,200,000 8% 10.0% 10.0% 0.0% 10.0%
3-62 Westminster Blvd Force Main Replacement
Stantec Consulting Services, Inc.
PCSA 12/18/2019 $1,183,000 ($400,000) $783,000 75% 10.0% 10.0% 0.0% 43.8%
3-64 Rehabilitation of Western Regional Sewers
AECOM Technical Services, Inc.
PDSA 01/27/2016 $17,639,250 $195,850 $17,835,100 63% 10.0% 10.0% 1.1% 8.9%
3-64B Los Alamitos Trunk Sewer Rehabilitation
AECOM Technical Services, Inc.
PCSA 05/26/2021 $610,000 $0 $610,000 68% 10.0% 10.0% 0.0% 10.0%
3-67 Seal Beach Pump Station Replacement
Lee & Ro, Inc. PCSA 12/14/2023 $6,148,000 $0 $6,148,000 0% 10.0% 10.0% 0.0% 10.0%
3-67 Seal Beach Pump Station Replacement
Lee & Ro, Inc. PDSA 12/18/2019 $5,947,850 $744,435 $6,692,285 98% 10.0% 12.6% 12.5% 0.1%
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
25
Table 7 - Active Engineering Services Agreements Project/Contract Consultant Type Award Date Contract Amount Contingency
Award Amendments Current % Spent Original Current Used Remaining
5-67 Bay Bridge Pump Station Replacement
Arcadis U.S., Inc. PDSA 10/25/2017 $7,137,000 $1,779,825 $8,916,825 85% 10.0% 35.0% 24.9% 10.1%
5-68 Newport Beach Pump Station Pressurization Improvements
Dudek PCSA 02/01/2023 $124,979 $0 $124,979 22% 10.0% 10.0% 0.0% 10.0%
6-20 Fairview Sewer Rehabilitation Dudek PDSA 07/27/2022 $1,200,000 $0 $1,200,000 39% 10.0% 10.0% 0.0% 10.0%
7-65 Gisler-Red Hill Interceptor and Baker Force Main Rehabilitation
CDM Smith Inc. PCSA 05/24/2023 $988,460 $0 $988,460 22% 10.0% 10.0% 0.0% 10.0%
7-66 Sunflower and Red Hill Interceptor Repairs
GHD, Inc. PCSA 07/28/2021 $166,000 $0 $166,000 48% 10.0% 10.0% 0.0% 10.0%
7-68 MacArthur Force Main Improvements
Michael Baker International, Inc.
PCSA 09/11/2023 $272,002 $0 $272,002 8% 10.0% 10.0% 0.0% 10.0%
7-68 MacArthur Force Main Improvements
Michael Baker International, Inc.
PDSA 05/26/2021 $500,000 $0 $500,000 100% 10.0% 10.0% 0.0% 10.0%
FR1-0007 Control Center Offices and Day Training Room Remodeling at Plant No. 1
AECOM Technical Services, Inc.
PSA 07/24/2017 $48,000 $33,351 $81,351 88% N/A N/A 0.0% N/A
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
26
Table 7 - Active Engineering Services Agreements Project/Contract Consultant Type Award Date Contract Amount Contingency
Award Amendments Current % Spent Original Current Used Remaining
J-117B Outfall Low Flow Pump Station
SEL Engineering Services Inc.
PSA 03/27/2019 $1,096,074 $0 $1,096,074 61% 10.0% 10.0% 0.0% 10.0%
J-117B Outfall Low Flow Pump Station
Brown and Caldwell PCSA 12/19/2018 $8,563,913 $824,932 $9,388,845 78% 10.0% 10.0% 9.6% 0.4%
J-124 Digester Gas Facilities Rehabilitation
Brown and Caldwell PDSA 11/15/2017 $11,770,000 $9,760,000 $21,530,000 59% 10.0% 89.9% 82.9% 6.9%
J-128 Project Management Information System
PMWeb, Inc. PSA 06/27/2017 $1,022,500 $200,817 $1,223,317 79% 20.0% 20.0% 19.6% 0.4%
J-98 Electrical Power Distribution System Improvements
Schweitzer Engineering Laboratories, Inc
PSA 03/25/2020 $1,296,878 $0 $1,296,878 36% 10.0% 10.0% 0.0% 10.0%
J-98 Electrical Power Distribution System Improvements
Brown and Caldwell PDSA 02/26/2020 $2,240,000 $147,592 $2,387,592 97% 10.0% 10.0% 6.6% 3.4%
P1-105 Headworks Rehabilitation at Plant 1
SEL Engineering Services Inc.
PSA 01/30/2024 $137,275 $0 $137,275 0% 9.3% 9.3% 0.0% 9.3%
P1-105 Headworks Rehabilitation at Plant 1
Carollo Engineers, Inc
PCSA 03/24/2021 $16,500,000 $0 $16,500,000 43% 10.0% 10.0% 0.0% 10.0%
P1-126 Primary Sedimentation Basins No. 3-5 Replacement at Plant No. 1
Black & Veatch PDSA 04/27/2022 $14,163,000 $177,504 $14,340,504 24% 10.0% 10.0% 1.3% 8.7%
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
27
Table 7 - Active Engineering Services Agreements Project/Contract Consultant Type Award Date Contract Amount Contingency
Award Amendments Current % Spent Original Current Used Remaining
P1-128A Headquarters Complex at Plant No. 1
AECOM Technical Services, Inc.
PSA 04/28/2021 $6,750,000 $0 $6,750,000 82% 10.0% 10.0% 0.0% 10.0%
P1-128A Headquarters Complex at Plant No. 1
HDR Engineering, Inc.
PCSA 05/26/2021 $4,900,000 $512,159 $5,412,159 91% 10.0% 15.0% 10.5% 4.5%
P1-132 Uninterruptable Power Supply Improvements at Plant 1
Tetra Tech, Inc. PCSA 11/09/2023 $217,830 $0 $217,830 31% 10.0% 10.0% 0.0% 10.0%
P1-132 Uninterruptable Power Supply Improvements at Plant 1
Tetra Tech, Inc. PDSA 11/20/2019 $784,630 $62,755 $847,385 97% 10.0% 10.0% 8.0% 2.0%
P1-133 Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1
Carollo Engineers, Inc
PCSA 03/23/2022 $530,000 $0 $530,000 48% 10.0% 10.0% 0.0% 10.0%
P1-134 South Perimeter Security and Utility Improvements at Plant No.1
HDR Engineering, Inc.
PCSA 07/28/2021 $235,000 $0 $235,000 56% 10.0% 10.0% 0.0% 10.0%
P1-137 Support Buildings Seismic Improvements at Plant No. 1
Simpson, Gumpertz, and Heger
PDSA 07/27/2022 $1,900,000 $151,537 $2,051,537 47% 10.0% 10.0% 8.0% 2.0%
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
28
Table 7 - Active Engineering Services Agreements Project/Contract Consultant Type Award Date Contract Amount Contingency
Award Amendments Current % Spent Original Current Used Remaining
P1-140 Activated Sludge-1 Rehabilitation at Plant No. 1
HDR Engineering, Inc.
PDSA 12/15/2022 $18,462,443 $0 $18,462,443 19% 10.0% 10.0% 0.0% 10.0%
P2-122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
CDM Smith Inc. PCSA 01/22/2020 $2,200,000 $0 $2,200,000 87% 10.0% 10.0% 0.0% 10.0%
P2-123 Return Activated Sludge Piping Replacement at Plant 2
Spec Services, Inc. PCSA 09/25/2019 $252,329 $25,233 $277,562 100% 10.0% 10.0% 10.0% 0.0%
P2-124 Interim Food Waste Receiving Facility
Kennedy/Jenks Consultants, Inc.
PDSA 09/26/2018 $695,000 $31,168 $726,168 100% 10.0% 10.0% 4.5% 5.5%
P2-128 Digester Replacement at Plant No. 2
Brown and Caldwell PDSA 07/22/2020 $39,300,000 $3,078,139 $42,378,139 66% 10.0% 10.0% 7.8% 2.2%
P2-135 Chemical Systems Rehabilitation at Plant No. 2
Lee & Ro, Inc. PDSA 03/22/2023 $862,328 $54,748 $917,076 46% 10.0% 10.0% 6.3% 3.7%
P2-137 Digesters Rehabilitation at Plant No. 2
CDM Smith Inc. PDSA 03/23/2022 $2,700,000 $270,000 $2,970,000 84% 10.0% 10.0% 10.0% 0.0%
P2-138 Operations and Maintenance Complex at Plant No. 2.
Stantec Architecture Inc.
PDSA 01/25/2023 $7,914,529 $431,414 $8,345,943 15% 10.0% 10.0% 5.5% 4.5%
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
29
Table 7 - Active Engineering Services Agreements Project/Contract Consultant Type Award Date Contract Amount Contingency
Award Amendments Current % Spent Original Current Used Remaining
P2-98A A-Side Primary Clarifiers Replacement at Plant 2
SEL Engineering Services Inc.
PSA 05/23/2023 $97,399 $0 $97,399 0% 0.0% 0.0%
P2-98A A-Side Primary Clarifiers Replacement at Plant 2
Black & Veatch PCSA 05/26/2021 $8,400,000 $0 $8,400,000 41% 10.0% 10.0% 0.0% 10.0%
PS20-02 Collection System Flow Level Monitoring Study
Woodard & Curran, Inc. PSA 07/28/2021 $616,562 $0 $616,562 53% 0.0% 10.0% 0.0% 10.0%
PS21-01 Exterior Lighting Study at Plant Nos. 1 and 2
IDS Group, Inc. PSA 09/07/2022 $151,660 $0 $151,660 73% 10.0% 10.0% 0.0% 10.0%
PS21-04 Energy and Digester Gas Master Plan
Brown and Caldwell PSA 06/22/2022 $1,438,036 $0 $1,438,036 65% 10.0% 10.0% 0.0% 10.0%
PS21-06 Urban Runoff Optimization Study
Michael Baker International, Inc.
PSA 03/22/2023 $711,230 $70,700 $781,930 47% 10.0% 10.0% 9.9% 0.1%
PS21-07 Process Simulation Model Development for Cen Gen Facilities
Intelliflux Controls PSA 02/05/2024 $150,308 $0 $150,308 0% 10.0% 10.0% 0.0% 10.0%
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
30
Table 7 - Active Engineering Services Agreements Project/Contract Consultant Type Award Date Contract Amount Contingency
Award Amendments Current % Spent Original Current Used Remaining
RE21-01 Supercritical Water Oxidation Demonstration at Plant No. 1
374Water Systems, Inc. PSA 12/15/2021 $5,139,000 $96,095 $5,235,095 41% 10.0% 10.0% 1.9% 8.1%
Total $218,298,055 $18,395,316 $236,693,371
Table 8 - Active Task Orders by Master Agreement Agreement/Project Consultant Award Date Original Task Order Value
Amendments Current Task Order Value % Spent
2017 Master Agreements for On-Call Planning Studies
PS19-03 Laboratory Rehabilitation Feasibility Study HDR Engineering, Inc. 10/20/2020 $274,888 $0 $274,888 81%
2018 Master Professional Design Service Agreements
FE18-06 CenGen Instrument Air Compressors Replacement at Plant No. 1 IDS Group, Inc. 04/27/2020 $89,876 $0 $89,876 69%
FE18-13 Redhill Relief Sewer Relocation at State Route 55 GHD, Inc. 03/27/2020 $168,612 $105,331 $273,943 84%
FE18-14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2
Dudek 11/06/2019 $108,308 $21,544 $129,852 80%
FE18-15 Plant Boiler System Relief at Plant No. 2 IDS Group, Inc. 10/22/2019 $23,299 $0 $23,299 55%
FE19-02 Cengen Plant Water Pipe Replacement at Plant No. 1 AECOM Technical Services, Inc. 07/08/2020 $156,498 $143,378 $299,876 73%
FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Black & Veatch 09/02/2020 $244,728 $55,272 $300,000 97%
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
31
Table 8 - Active Task Orders by Master Agreement Agreement/Project Consultant Award Date Original Task Order Value
Amendments Current Task Order Value % Spent
FE19-06 EPSA Motor Cooling Improvements at Plant No. 2 IDS Group, Inc. 05/05/2020 $88,206 $10,541 $98,747 96%
FE19-10 Digesters C, D, F, G and I Gas Balance Lines Replacement at Plant No. 2 GHD, Inc. 02/03/2021 $25,000 $65,749 $90,749 78%
FE19-11 Primary Clarifiers Nos. 6-31 Lighting and Alarm Improvements at Plant No. 1 AECOM Technical Services, Inc. 09/21/2020 $226,685 $6,137 $232,822 75%
FE19-13 VFD Replacements at Seal Beach Pump Station AECOM Technical Services, Inc. 03/24/2021 $78,033 $0 $78,033 60%
FE20-01 Wastehauler Station Safety and Security Improvements AECOM Technical Services, Inc. 03/16/2021 $161,012 $16,247 $177,259 91%
FE20-02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 HDR Engineering, Inc. 03/02/2021 $188,212 $34,352 $222,564 85%
FE20-03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1
GHD, Inc. 06/14/2021 $249,000 $0 $249,000 89%
FE20-04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Dudek 05/18/2021 $240,000 $60,000 $300,000 97%
FE20-05 Plant Water Piping Replacement at Secondary Clarifiers 1-26 at Plant No. 1 IDS Group, Inc. 06/22/2021 $186,626 $0 $186,626 75%
FE20-08 Olive Sub-Trunk Siphon Rehabilitation at Santa Ana River Dudek 06/10/2021 $240,000 $0 $240,000 91%
FE20-09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 IDS Group, Inc. 06/15/2021 $63,275 $0 $63,275 82%
FR1-0011 VFD Replacements at Plant No. 1 Black & Veatch 04/08/2021 $283,000 $17,000 $300,000 83%
FRC-0009 Bitter Point Trunk Sewer Repair at Bitter Point Pump Station GHD, Inc. 06/17/2021 $159,451 $0 $159,451 83%
2020 Master Agreements for On-Call Planning Studies
PS19-03 Laboratory Rehabilitation Feasibility Study Hazen and Sawyer 01/17/2023 $23,825 $0 $23,825 100%
PS20-09 Thickening & Dewatering Plant Water Study at Plant No. 1 HDR Engineering, Inc. 04/21/2022 $219,670 $0 $219,670 73%
PS21-08 Pure Oxygen Activated Sludge Operations Study at Plant No. 2 Hazen and Sawyer 09/22/2022 $241,791 $55,413 $297,204 100%
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
32
Table 8 - Active Task Orders by Master Agreement Agreement/Project Consultant Award Date Original Task Order Value
Amendments Current Task Order Value % Spent
PS21-10 Integrated Nitrogen Management Hazen and Sawyer 10/19/2023 $247,000 $0 $247,000 13%
PS22-02 Onsite Oxygen Generation Feasibility Study at Plant No. 2 Black & Veatch 02/13/2023 $393,374 $0 $393,374 50%
2021 Master Professional Design Service Agreements
FE21-08 Newhope-Placentia Sewer Manhole Replacements GHD, Inc. 02/28/2023 $235,820 $0 $235,820 77%
FE22-01 Platform Modifications for Process Areas at Plant No. 1 and No. 2 ProjectLine Technical Services. Inc. 03/14/2023 $159,296 $0 $159,296 80%
FR1-0017 Trickling Filter Valve Replacement at Plant No. 1 Dudek 08/16/2022 $101,108 $0 $101,108 85%
FR1-0018 Dewatering Centrifuge Diverter Gate Improvements at Plant No. 1 Dudek 08/16/2022 $140,000 $93,191 $233,191 47%
FR2-0023 Activated Sludge Clarifier Entry Improvements at Plant No. 2 AECOM Technical Services, Inc. 01/13/2022 $120,030 $79,828 $199,858 57%
FR2-0027 Heavy Mechanics Group Office Space Upgrade at Plant No. 2 ProjectLine Technical Services. Inc. 09/13/2022 $126,153 $0 $126,153 88%
FRC-0010 Warner Avenue Vault Cover Improvements Kleinfelder, Inc. 11/16/2021 $205,000 $43,128 $248,128 86%
FRC-0014 Magnolia Sewer Manhole Abandonment at Interstate-5 Brown and Caldwell 03/15/2023 $195,055 $0 $195,055 17%
FRJ-0003 Interplant Gas Line Blow Off Vault Repairs Dudek 09/08/2022 $165,000 $55,091 $220,091 89%
J-120A Control Room Reconfiguration at Plant No.1 ProjectLine Technical Services. Inc. 12/04/2023 $255,036 $0 $255,036 18%
P2-127 Collections Yard Relocation and Warehouse Demolition at Plant No. 2 ProjectLine Technical Services. Inc. 08/02/2022 $188,898 $121,517 $310,415 79%
SC19-06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Spec Services, Inc. 11/03/2021 $241,153 $58,847 $300,000 73%
Design Installation, Implementation and Maintenance of a Process Control System Master Agreement
J-120 Process Control System Upgrade ABB (Contractor/Consultant) 9/15/2021 $11,818,480 ($14,679) $11,803,801 30%
Total $18,331,398 $1,027,887 $19,359,285
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
33
Table 9 - Planning Studies Status Report Project Number Project Name Status Allocated Budget PS18-06 Go/No-Go Lights and Signage Active $495,000
PS18-09 Ocean Outfall Condition Assessment and Scoping Study Active $5,302,717
PS19-03 Laboratory Rehabilitation Feasibility Study Active $450,000
PS20-02 Collection System Flow Level Monitoring Study Active $743,218
PS20-08 Euclid Trunk Sewer Hydraulic Modeling and Odor Control Analyses Active $500,000
PS20-09 Thickening & Dewatering Plant Water Study at Plant No. 1 Active $400,000
PS21-01 Exterior Lighting Study at Plant Nos. 1 and 2 Active $345,533
PS21-02 Public Announcement and Fire System at Plant Nos. 1 and 2 Active $500,000
PS21-04 Energy and Digester Gas Master Plan Active $1,785,000
PS21-05 CAD Design Manual Update for 3D Design Active $758,000
PS21-06 Urban Runoff Optimization Study Active $1,100,000
PS21-07 Process Simulation Model Development for Cen Gen Facilities Active $211,192
PS21-08 Pure Oxygen Activated Sludge Operations Study at Plant No. 2 Active $360,000
PS21-10 Integrated Nitrogen Management Active $372,000
PS22-02 Onsite Oxygen Generation Feasibility Study at Plant No. 2 Active $295,000
PS23-01 Fleet Facilities Improvements Study Active $350,000
PS23-02 Staff Parking Study at Plant No. 2 Active $163,000
PS23-03 2025 Outfall Initial Dilution Model Active $370,000
PS23-04 Digital Asset Management Study Active $630,000
PS23-05 Utility Water Planning Study at Plant Nos. 1 and 2 Active $1,100,000
Grand Total $16,230,660
Number of Chartered Projects 20
Board Approved Program Budget $28,652,000
Remaining Unallocated Budget $12,421,340
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
34
Table 10 - Research Program Status Report Project Number Project Name Status Allocated Budget
RE20-06 Co-Thickened Sludge Pump Trial at Plant No. 1 Active $160,000
RE21-01 Supercritical Water Oxidation Demonstration at Plant No. 1 Active $7,941,029
Grand Total $8,101,029
Number of Chartered Projects 2
Board Approved Program Budget $10,000,000
Remaining Unallocated Budget $1,898,971
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
35
Table 11 - Small Construction Projects Program Status Report Project Number Project Name Status Allocated Budget FE18-06 CenGen Instrument Air Compressors Replacement at Plant No. 1 Active $1,150,000
FE18-13 Redhill Relief Sewer Relocation at State Route 55 Active $3,550,000
FE18-14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2 Active $2,300,000
FE18-15 Plant Boiler System Relief at Plant No. 2 Active $675,000
FE18-16 Truck Loading Basement Drain Modifications at Plant No. 1 Active $592,000
FE18-20 DAFT Air Compressors Replacement at Plant No. 1 Active $1,360,000
FE19-01 Pump Station Portable Generator Connectors Active $2,570,000
FE19-02 Cengen Plant Water Pipe Replacement at Plant No. 1 Active $4,165,000
FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Active $3,200,000
FE19-04 Sunflower Pump Replacement at Plant No. 1 Active $4,300,000
FE19-06 EPSA Motor Cooling Improvements at Plant No. 2 Active $1,825,000
FE19-08 Secondary Treatment VFD Replacements at Plant No. 2 Active $2,900,000
FE19-10 Digesters C, D, F, G and I Gas Balance Lines Replacement at Plant No. 2 Active $176,000
FE19-11 Primary Clarifiers Nos. 6-31 Lighting and Alarm Improvements at Plant No. 1 Active $1,250,000
FE19-12 Rebuild Shop Fume Extractor Installation at Plant No 1 Active $560,000
FE19-13 VFD Replacements at Seal Beach Pump Station Active $520,000
FE20-01 Wastehauler Station Safety and Security Improvements Active $2,923,000
FE20-02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 Active $6,622,000
FE20-03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 Active $6,840,000
FE20-04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Active $5,180,000
FE20-05 Plant Water Piping Replacement at Secondary Clarifiers 1-26 at Plant No. 1 Active $1,545,000
FE20-07 Santa Ana Trunk Rehabilitation at Plant No. 1 Active $765,000
FE20-08 Olive Sub-Trunk Siphon Rehabilitation at Santa Ana River Active $3,500,000
FE20-09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 Active $950,000
FE21-01 Plasma Cutting Fume Extractor installation at Plant No. 1 Rebuild Shop Active $400,700
FE21-02 Lighting Improvements Boiler and Sludge Dewatering Areas at Plant No. 1 Active $320,000
FE21-04 Thickening and Dewatering Facility Handrail Installation at Plant No. 1 Active $230,000
FE21-06 Chemical Dosing Station Installation at Westside Pump Station Active $560,000
FE21-07 Liquid Oxygen Tank A Replacement at Plant No. 2 Active $3,800,000
FE21-08 Newhope-Placentia Sewer Manhole Replacements Active $1,225,000
FE22-01 Platform Modifications for Process Areas at Plant No. 1 and No. 2 Active $1,300,000
FE22-02 Liquid Oxygen Tank B Replacement at Plant No. 2 Active $4,200,000
FE23-01 Digester Gas Compressor Dryer Replacements at Plant Nos. 1 and 2 Active $8,000,000
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
36
Table 11 - Small Construction Projects Program Status Report Project Number Project Name Status Allocated Budget FE23-04 Truck Loading Scale Replacement at Plant No. 2 Active $916,000
Grand Total $80,369,700
Number of Chartered Projects 34
Board Approved Program Budget $90,000,000
Remaining Unallocated Budget $9,630,300
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
37
Table 12 - Information Technology Capital Program Status Report Project Number Project Name Status Allocated Budget IT19-01 IT Safety VPP Systems (IT19-01) Active $210,000
IT19-05 IT P1 & P2 Data Refresh (IT19-05) Active $1,200,000
IT20-05 Client Management Modernization (ICE-69_IT20-05) 6520005 Active $99,000
IT20-08 Field Computer for Nerissa and Interface with LIMS(ICE-68_IT20-07) 6520008 Active $121,000
IT20-10 Digitize Quality Assurance Tracking Processes/TNI/ELAP Standards (ICE-76_IT20-10) 6520010 Active $145,700
IT21-04 Databridge Scale Management Software (ICE - 84_IT21-04) Active $42,752
IT23-02 RMIS (Laserfische) Implementation - Phase 2 (ICE - 97_IT23-02) Active $204,624
IT23-03 Workforce Timecard Migration (ICE-98_IT23-03) Active $21,000
IT23-04 Evacuation Mustering & Visitor Management System (ICE -99_IT23-04) Active $176,000
Grand Total $2,220,076
Number of Chartered Projects 9
Board Approved Program Budget $10,000,000
Remaining Unallocated Budget $7,779,924
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2024
38
Table 13 - Operations & Maintenance Capital Program Status Report Project Number Project Name Status Allocated Budget SC19-03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No. 2 Active $890,000
SC19-06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Active $4,800,000
SC20-02 Ocean Outfall Booster Station Elevator Rehabilitation Active $410,000
SC22-01 EPSA Electrical Building and Distribution Center H HVAC System Replacement at Plant No. 2 Active $5,100,000
SC22-02 HVAC Replacement for Plant 2 Centrifuge Building, Operations Building, and Bitter Point PS Active $3,712,000
SC23-01 Electric Vehicle Charging Stations and Network Installation Active $391,000
SC23-02 Effluent Junction Box Security Fence Replacement at Plant No. 1 Active $130,000
SC23-03 Collection System Critical Assets Active $145,000
Grand Total $15,578,000
Number of Chartered Projects 8
Board Approved Program Budget $15,622,000
Remaining Unallocated Budget $44,000
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3605 Agenda Date:6/5/2024 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
TRICKLING FILTER C CENTER MAST ASSEMBLY REPLACEMENT AT PLANT NO.2,PROJECT
NO. MP2-019
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source General Services Contract to Jamison Engineering Contractors, Inc.
for Trickling Filter C Center Mast Assembly Replacement at Plant No. 2, Project No. MP2-019,
for a total amount not to exceed $274,800 and;
B. Approve a contingency of $27,480 (10%).
BACKGROUND
The Orange County Sanitation District (OC San)trickling filters at Plant No.2 consist of three 150-
foot diameter rotating assemblies.This trickling filter process provides secondary treatment rated at
an average of 60 MGD during dry weather and approximately 182 MGD during peak wet weather
capacities.The trickling filters are engineered to remove the organic content in wastewater utilizing
micro-organisms living on the filter media.Each trickling filter is equipped with a motor-operated
rotary distributor assembly to uniformly distribute the primary treated flow over the media.
The Center Rotating Mast Assembly procurement and fabrication for Trickling Filter C was approved
by the Board in December 2023.The equipment is scheduled to be shipped to Plant No.2 for
installation in August 2024.
RELEVANT STANDARDS
·Maintain a proactive asset management program
PROBLEM
Trickling Filter C Center Rotating Mast Assembly is showing signs of structural cracks,and a
replacement Center Rotating Mast Assembly structure was approved for fabrication in December
2023 and will be delivered to Plant No.2.The new structural element needs to be installed in
Trickling Filter C.
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File #:2024-3605 Agenda Date:6/5/2024 Agenda Item No:3.
PROPOSED SOLUTION
Replace Trickling Filter C Center Mast structure provided by Ovivo USA,LLC,the original equipment
manufacturer (OEM),using the exclusive OEM qualified installation contractor in our service area,
Jamison Engineering Contractors, Inc.
TIMING CONCERNS
The Trickling Filters at Plant No.2 are critical assets that support secondary treatment requirements.
There exists a higher risk of not being able to reliably provide required secondary treatment at Plant
No.2.Additionally,this trickling filter process provides all secondary treatment for the GWRS from
Plant No. 2.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to act increases the risk of not being able to provide required secondary treatment at the
Plant No. 2 trickling filter process and not be able to provide water to the GWRS from Plant No. 2.
PRIOR COMMITTEE/BOARD ACTIONS
December 2023 -Board approved a Sole Source Purchase Order Contract to Ovivo USA,LLC for a
direct replacement Center Mast Assembly for the Plant No.2 Trickling Filter “C”Center Rotating
Assembly Replacement at Plant No.2,Project No.MP2-019,for a total amount not to exceed
$586,272; and approved a contingency of $58,627 (10%).
ADDITIONAL INFORMATION
Ovivo USA,LLC,is the Board of Directors approved OEM for Plant No.2 Trickling Filter parts.Ovivo
USA,LLC has modified the Center Mast structural elements for greater strength for Trickling Filter C.
Jamison Engineering Contractors,Inc.is the sole authorized Contractor able to make Trickling Filter
repairs on behalf of Ovivo USA, LLC.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Fiscal Year Budget 2023-2024,Section 6,Page 96,Plant No.2 Maintenance Department)
and the budget is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
06/26/2024 $274,800 $27,480 (10%)
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File #:2024-3605 Agenda Date:6/5/2024 Agenda Item No:3.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·General Services Contract
RM:ls
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General Services Contract 1 of 10 Project No. MP2-019 Revision 032422
SOLE SOURCE GENERAL SERVICES CONTRACT Trickling Filter C Center Mast Assembly Replacement at Plant No. 2 Project No. MP2-019
This GENERAL SERVICES CONTRACT (hereinafter referred to as “Contract”), is made and entered into as of the date fully executed below, by and between Orange County Sanitation District (hereinafter referred to as “OC San”) and Jamison Engineering Contractors, Inc. (hereinafter referred to as “Contractor”), and collectively referred to herein as the “Parties.” R E C I T A L S WHEREAS, OC San desires to retain the services of Contractor for Trickling Filter C Center Mast
Assembly at Plant No. 2 (Services”) as described in Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, Contractor is qualified to perform the Services by virtue of experience, training, education, and expertise; and
WHEREAS, OC San desires to engage Contractor to provide the Services; and WHEREAS, OC San selected Contractor to provide the Services in accordance with Ordinance No.
OC SAN-61; and WHEREAS, on June 26, 2024 OC San’s Board of Directors, by minute order, authorized execution
of this Contract.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and benefits specified below, the Parties agree as follows:
1. General. 1.1 This Contract and all exhibits hereto are made by OC San and the Contractor. 1.2 The following exhibits, in order of precedence, are incorporated by reference and made part of this Contract.
Exhibit “A” – Scope of Work Exhibit “B” – Proposal Exhibit “C” – Determined Insurance Requirement Form
Exhibit “D” – Contractor Safety Standards Exhibit “E” – Human Resources Policies Exhibit “F” – General Conditions
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the Contract shall control and thereafter the provisions in the document highest in precedence shall be controlling. 1.4 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or actions incurred or undertaken by Contractor as a result of work performed in anticipation of acquisition of the Services by OC San. 1.5 Work Hours: All work shall be scheduled Monday through Friday, between the hours of 7:30 a.m. and 5:30 p.m.
General Services Contract 2 of 10 Project No. MP2-019 Revision 032422
1.6 Days: Shall mean calendar days, unless otherwise noted. 1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Martin Luther King,
Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 Work: Shall mean all work, labor, and materials necessary to provide the Services. 1.9 The provisions of this Contract may be amended or waived only by an amendment executed by authorized representatives of both Parties.
1.10 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. 2. Scope of Work. 2.1 Contractor shall perform the Services identified in Exhibit “A” in accordance with generally accepted industry and professional standards.
2.2 Modifications to Scope of Work. OC San shall have the right to modify the Scope of Work at any time. All modifications must be made by an amendment signed by both Parties.
2.3 Familiarity with Work. By executing this Contract, Contractor warrants that: (a) it has investigated the work to be performed; (b) it understands the facilities, difficulties, and
restrictions of the work under this Contract; and (c) it has examined the site of the work and is aware of all conditions at the site. Should Contractor discover any latent or unknown condition materially differing from those inherent in the work or as represented
by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San.
2.4 Performance. Time is of the essence in the performance of the provisions hereof. 3. Contract Term. 3.1 The Services shall be completed within Forty-Nine (49) calendar days from the effective date of the Notice to Proceed.
3.2 Extensions. The term of this Contract may be extended only by an amendment signed by both Parties. 4. Compensation. 4.1 As compensation for the Services provided under this Contract, OC San shall pay Contractor a total amount not to exceed Two Hundred Seventy-Four Thousand Eight Hundred Dollars ($274,800.00). 4.2 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the amount specified above. 5. Payments and Invoicing. 5.1 OC San shall pay itemized invoices for work completed in accordance with Exhibit “A” thirty (30) days from receipt of the invoice and after approval by OC San’s Project
Manager or designee. OC San shall be the determining party, in its sole discretion, as to whether the Services have been satisfactorily completed.
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5.2 Contractor shall submit its invoices to OC San Accounts Payable by electronic mail to APStaff@OCSan.gov. In the subject line include “INVOICE” and the Purchase Order Number.
6. California Department of Industrial Relations Registration and Record of Wages. 6.1 To the extent Contractor’s employees and/or its subcontractors perform work related to this Contract for which Prevailing Wage Determinations have been issued by the California Department of Industrial Relations (DIR) as more specifically defined under Labor Code section 1720 et seq., prevailing wages are required to be paid for applicable work under this Contract. It is Contractor’s responsibility to interpret and implement any prevailing wage requirements and Contractor agrees to pay any penalty or civil damages
resulting from a violation of the prevailing wage laws. 6.2 Contractor and its subcontractors shall comply with the registration requirements of Labor Code section 1725.5. Pursuant to Labor Code section 1771.4(a)(1), the work is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR).
6.3 Pursuant to Labor Code section 1773.2, a copy of the prevailing rate of per diem wages is available upon request at OC San’s principal office. The prevailing rate of per diem
wages may also be found at the DIR website for prevailing wage determinations at http://www.dir.ca.gov/DLSR/PWD.
6.4 Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations section 16461(e). Pursuant to Labor Code sections 1773.2 and 1771.4(a)(2), Contractor shall post a copy of the prevailing rate of per diem wages at the job site. 6.5 Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code section 1776. Contractor and its subcontractors shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). Pursuant to Labor Code section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OC San and/or the
general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations. Pursuant to Labor Code section 1776(h), penalties for non-compliance with a request for payroll records may be deducted from progress payments.
6.5.1 As a condition to receiving payments, Contractor agrees to present to OC San, along with any request for payment, all applicable and necessary certified payrolls and other required documents for the period covering such payment request. Pursuant to Title 8, California Code of Regulations section 16463, OC San shall withhold any portion of a payment, up to and including the entire payment amount, until certified payroll forms and any other required documents are properly submitted. In the event certified payroll forms do not comply with the requirements of Labor Code section 1776, OC San may continue to withhold sufficient funds to cover estimated wages and penalties under the Contract.
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6.6 The Contractor and its subcontractors shall comply with Labor Code section 1774 and
section 1775. Pursuant to Labor Code section 1775, the Contractor and any of its subcontractors shall forfeit to OC San a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any work. 6.6.1 In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or its subcontractor.
6.7 Contractor and its subcontractors shall comply with Labor Code sections 1810 through 1815. Contractor and its subcontractors shall restrict working hours to eight (8) hours per day and forty (40) hours per week, except that work performed in excess of those limits shall be permitted upon compensation for all excess hours worked at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code section 1815.
The Contractor shall forfeit, as a penalty to OC San, twenty-five dollars ($25) per worker per calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in
violation of Labor Code sections 1810 through 1815. 6.8 Contractor and its subcontractors shall comply with Labor Code sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices by Contractor or any subcontractor. 6.9 Contractor shall include, at a minimum, a copy of the following provisions in any contract it enters into with any subcontractor: Labor Code sections 1771, 1771.1, 1775, 1776,
1777.5, 1810, 1813, 1815, 1860, and 1861. 6.10 Pursuant to Labor Code sections 1860 and 3700, the Contractor and its subcontractors
will be required to secure the payment of compensation to employees. Pursuant to Labor Code section 1861, Contractor, by accepting this contract, certifies that:
“I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Contractor shall ensure that all its contracts with its subcontractors provide the provision above. 7. Damage to OC San’s Property. Any of OC San’s property damaged by Contractor, any subcontractor, or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San. 8. Freight (F.O.B. Destination). Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
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9. Audit Rights. Contractor agrees that, during the term of this Contract and for a period of three
(3) years after its expiration or termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract.
10. Contractor Safety Standards and Human Resources Policies. OC San requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as the Contractor Safety Standards while working at OC San locations. If, during the course of the Contract, it is discovered that the Contractor Safety Standards do not comply with Federal, State, or local regulations, the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor, its subcontractors, and all of their employees shall adhere to the safety requirements in Exhibit
“A,” all applicable Contractor Safety Standards in Exhibit “D,” and the Human Resources Policies in Exhibit “E.” 11. Insurance. Contractor and all its subcontractors shall purchase and maintain, throughout the term of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Exhibit “C” – Determined Insurance Requirement
Form. Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor
has been obtained. Failure to obtain and maintain the required insurance coverage shall result in termination of this Contract. 12. Bonds. Not Used 13. Indemnification and Hold Harmless Provision. Contractor shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may arise out of or may be caused by Contractor’s Services under this Contract, or by its subcontractor(s), or by anyone directly or indirectly employed by Contractor, and whether such
damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San, Contractor shall indemnify, protect, defend, and hold harmless OC San, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, damages, or expenses of any nature, including attorneys’ fees: (a) for injury to or death of any person, or damage to property, or interference with the use of property arising out of or in connection with Contractor’s performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process; or any patented or unpatented invention, article, or appliance furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor’s duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless; or which involve claims or
allegations that any of the parties to be defended were actively, passively, or concurrently negligent; or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense
immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. This section shall survive the expiration or early termination of the Contract.
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14. Independent Contractor. The relationship between the Parties hereto is that of an
independent contractor and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San’s officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees. 15. Subcontracting and Assignment. Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 16. Disclosure. Contractor agrees not to disclose, to any third party, data or information
generated from this Contract without the prior written consent from OC San. 17. Non-Liability of OC San Officers and Employees. No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San, or for any amount which may become due to Contractor or to its successor, or for breach of any obligation under the terms of this Contract.
18. Third-Party Rights. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
19. Applicable Laws and Regulations. Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold OC San
harmless from any and all damages and liabilities assessed against OC San as a result of Contractor’s noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically included or referenced. 20. Licenses, Permits, Ordinances, and Regulations. Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to provide the Services. Any and all fees required by Federal, State, County, City, and/or municipal laws, codes, and/or tariffs that pertain to the work performed under this Contract will be paid by Contractor. 21. Regulatory Requirements. Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and Water
Codes Division 2. 22. Environmental Compliance. Contractor shall, at its own cost and expense, comply with all
Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 23. South Coast Air Quality Management District’s Requirements. It is Contractor’s responsibility to ensure that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting, or demolition of asbestos containing components or structures shall comply with the appropriate rules and regulations of SCAQMD.
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24. Warranties. In addition to the warranties stated in Exhibit “A,” the following shall apply:
24.1 Manufacturer’s standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance of the work as complete by the OC San Project Manager or designee.
24.2 Contractor’s Warranty (Guarantee): If within a one (1) year period of completion of all work specified in Exhibit “A,” OC San informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OC San and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 25. Dispute Resolution.
25.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial
Arbitration through Mediation Services of Orange County (“JAMS”), or any similar organization or entity conducting an alternate dispute resolution process.
25.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to Code of Civil Procedure, Part 3, Title 9, sections 1280 et seq. For such purpose, an agreed arbitrator shall be
selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to Code of Civil Procedure section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the
matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator’s decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 26. Liquidated Damages. Not Used 27. Remedies. In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods and Services or repudiates its obligations under this Contract, or if
OC San rejects the goods or Services or revokes acceptance of the goods and Services, OC San may (a) cancel the Contract; (b) recover whatever amount of the purchase price OC San has paid, and/or (c) “cover” by purchasing, or contracting to purchase, substitute goods and
Services for those due from Contractor. In the event OC San elects to “cover” as described in (c), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods and Services and the Contract price, together with any incidental or consequential damages. 28. Force Majeure. Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government, or any other cause beyond its control, but the affected party shall use reasonable efforts to minimize the extent of the delay. Work affected by a force majeure condition may be rescheduled by mutual consent of the Parties.
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29. Termination.
29.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract
(unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) through the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further fee, cost, or claim hereunder by Contractor other than for work performed through the date of termination. 29.2 OC San reserves the right to terminate this Contract immediately upon OC San’s
determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or for any other default of this Contract. 29.3 OC San may also immediately terminate this Contract for default, in whole or in part, by written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if the total amount of compensation exceeds the amount authorized under this Contract. 29.4 All OC San’s property in the possession or control of Contractor shall be returned by Contractor to OC San on demand or at the expiration or early termination of this Contract, whichever occurs first. 30. Attorney’s Fees. If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled. 31. Waiver. The waiver by either party of any breach or violation of, or default under, any provision
of this Contract shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights
to seek remedies available to it for any subsequent breach. 32. Severability. If any section, subsection, or provision of this Contract; or any agreement or
instrument contemplated hereby; or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection, or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 33. Survival. The provisions of this Contract dealing with payment, warranty, indemnity, and forum for enforcement shall survive expiration or early termination of this Contract.
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34. Governing Law. This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange in the event any action is brought in connection with this Contract or the performance thereof. 35. Notices. 35.1 All notices under this Contract must be in writing. Written notice shall be delivered by personal service, by electronic telecommunication, or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand, or request sent. All notices shall be effective when first received at
the following addresses: OC San: Jackie Lagade Purchasing Supervisor Orange County Sanitation District
10844 Ellis Avenue Fountain Valley, CA 92708 jlagade@ocsan.gov
Contractor: Don Jamison
President Jamison Engineering Contractors, Inc. 2525 South Yale Street Santa Ana, CA 92704 jamisoneng@msn.com 35.2 Each party shall provide the other party written notice of any change in address as soon as practicable. 36. Read and Understood. By signing this Contract, Contractor represents that it has read and understood the terms and conditions of the Contract.
37. Authority to Execute. The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the
Parties are formally bound. 38. Entire Agreement. This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral communications and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Intentionally left blank. Signatures follow on the next page.
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IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by their duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By:
Chad P. Wanke Chair, Board of Directors Dated: _________________ By:
Kelly A. Lore Clerk of the Board
Dated: _________________ By:
Ruth Zintzun Finance & Procurement Manager JAMISON ENGINEERING CONTRACTORS, INC. Dated: _________________ By:
Print Name and Title of Officer
JL
EXHIBIT A Page 1 of 3 Specification No. MP2-019
EXHIBIT A SCOPE OF WORK TRICKLING FILTER C CENTER MAST ASSEMBLY REPLACEMENT AT PLANT 2 (MP2-019) SCOPE OF WORK 1 Location of Work The work covered under this Contract will take place at the Orange County Sanitation District’s (“OC San’s”):
• Plant 2 – 22212 Brookhurst Street, Huntington Beach, CA 92648 (See Appendix A-1, Vicinity and Appendix A-2, Location Map) 2 General The Contractor shall furnish all labor, equipment, materials, machinery, tools, supplies, insurance, bonds, permits, licenses, transportation, and other incidentals necessary to complete all tasks and items of work described within Exhibit A and within other portions of the Contract Documents and Drawings and as more specifically described below. All work performed by the Contractor on the equipment listed herein shall be completed in accordance with original equipment manufacturer (OEM) recommendations, instructions and as required by the latest applicable codes and regulations.
3 Description of the Work The work involves replacing one center mast assembly provided by OC San on Trickling Filter
C (TF-C) at Plant No. 2 Trickling Filters facility. The Contractor shall coordinate work with OC San project team and Operations for existing trickling filter shutdown. No more than one trickling filter shall be shut down for installation work to avoid interference or disruption of
existing process operation. The Contractor shall complete the project within 49 calendar days from the date the Notice to Proceed is issued. Contractor shall provide lifting, rigging and scaffolding, personal protective equipment, safety submittals, and complete safety related tasks. The installation work shall include support services from OEM Ovivo, the manufacturer of the center mast assembly. The services shall include Ovivo’s field supervision and inspection during the center mast assembly installation, and commissioning service. 4 Project/Work Elements
4.1 Removal 1. Disassemble the rotary arms.
2. Disconnect the electrical. 3. Remove hardware from center rotating assembly. 4. Remove part of the trickling filter dome cover and remove center rotating assembly out of trickling filter. 5. Transport of existing center rotating assemblies to an OC San designated location for parts reuse and disposal. 6. Review any findings during the removal phase with the PM or designee. 4.2 Site Preparation 1. Set up containment and remove existing mortar. 2. Clean and chase threads on anchoring studs, and reset jacking nuts. 3. Prepare and recoat the top edge of the existing 84” center feed well. 4. Fabricate template using bolts pattern from new center rotating assembly. Lay
EXHIBIT A Page 2 of 3 Specification No. MP2-019
template over existing anchoring bolts to verify that new center rotating assembly will fit on bolts.
5. Working with equipment manufacturer Ovivo to make any adjustment if necessary to ensure proper installation. 4.3 Equipment Installation The equipment to be installed is manufactured by Ovivo. See Appendix A-3 – Ovivo Shop Drawing for equipment to be installed and Appendix A - 4 Existing Trickling Filter Construction Drawings and pictures for the installation work reference. The equipment shall be installed per the installation instructions and procedures from Ovivo. 1. Contractor shall perform a pre-inspection of the center rotating assemblies staged at the project site. Any discrepancies shall be documented and reported to the PM or designee immediately. 2. Set new center rotating assembly units on jacking nuts and level units. 3. Reconnect the existing rotating arms and supporting rods, and level the arms.
4. Reinstall electrical cable and conduits to the newly installed units. 5. Apply water to rotating arms and level the arms. 6. Grout center mast to existing center well.
7. Perform electrical test. 8. Reinstall the dome covers removed.
1. Commissioning Working with OC San to test running the units. 2. Startup function test shall be conducted and approved by an Ovivo representative, Operations Supervisor and PM or designee. 4.4 Submittals 1. Work Plan 2. Construction Schedule 3. Crane lifting plan 4.5 Warranties 1. The Contractor shall warrant all work performed will be free of defects in workmanship for a period of one year from the date of acceptance by OC San. All warranty periods shall begin after satisfactory installation and approved functional testing by the contractor and PM. 2. The Contractor shall be responsible for removal, installation, and shipping costs for correcting of any workmanship defects at no cost to OC San. 3. The equipment manufacturer Ovivo shall be responsible for providing the replacement parts and installation cost for correcting any equipment failure in a separate manufacturer warranty. 4.6 Material Requirements Any material or parts supplied by the contractor shall be of OEM or equal
specifications. 4.7 Permits/License NONE 5 Resources Available 1. Lay down and staging area. 2. OC San will provide a laydown area at a location determined by OC San at the beginning of the project.
EXHIBIT A Page 3 of 3 Specification No. MP2-019
5.1 Unavailable
1. Temporary power and utilities 2. OC San restroom facilities 6 Project Schedule Timeline Duration (days) Review Period (Days) Cumulative Days
Kick-Off Meeting (NTP) 0 0 0
Submittal 7 7 14
TF-B Exiting Center Rotating Assembly Removal
7 0 21
TF-B Center Rotating Assembly Installation and Commissioning
28 0 49
7 Project Management 7.1 Project Kick-Off Meeting
1. A minimum of one week prior to start of work, a meeting with OC San staff shall be held to establish appropriate contacts and review the Contractor’s plan to implement this work. 8 Change Management See Master General Conditions – Section GC-22. 9 Staff Assistance
The Contractor will be assigned a single point of contact on this project. Any meetings and/or correspondence related to this project shall be scheduled and approved by the Project Manager.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3614 Agenda Date:6/5/2024 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
TELESCOPIC BOOM LIFT REPLACEMENT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a purchase order to Pape Material Handling, Inc. for the purchase of one (1)
Telescopic Boom Lift using the Sourcewell Cooperative Contract for an amount not to exceed
$179,433; and
B. Approve a contingency of $8,972 (5%).
BACKGROUND
The Orange County Sanitation District (OC San)utilizes mobile man lifts within the treatment plants
for staff to perform operations and maintenance tasks.The units allow staff to access equipment in
elevated locations safely and efficiently compared to other means.
RELEVANT STANDARDS
·Participate in local, state, and national cooperative purchasing programs
·Ensure the public’s money is wisely spent
·Commitment to safety & reducing risk in all operations
PROBLEM
The unit to be replaced by this purchase is reaching the end of its useful life,exhibiting physical
corrosion to the main working parts,and not meeting current engine emissions standards.
Rehabilitation and retrofitting of the existing unit is not cost-effective and will not address new engine
emission regulations. Repair costs continue to escalate to keep the unit operating safely.
PROPOSED SOLUTION
Purchase one telescopic boom lift to replace the existing aging equipment.
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TIMING CONCERNS
The existing unit is unreliable and has the potential to fail.
RAMIFICATIONS OF NOT TAKING ACTION
The unit identified for replacement is unreliable,deteriorating,costly to maintain,and no longer
economical to remain in service.Its unreliable condition affects staff’s ability to complete core work
on time.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San utilizes a cooperative agreement through Sourcewell (formerly National Joint Powers
Alliance),Cooperative Contract No.020923-TER,in accordance with Ordinance No.OC San-61,
Section 2.03(B), Cooperative Purchases.
This Cooperative Agreement was awarded using a competitive bid process like OC San’s and has
been vetted by OC San’s Purchasing Division.
CEQA
N/A
FINANCIAL CONSIDERATIONS
The request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Years 2022-2023 and 2023-2024,Section 8,Pages 94 and
98, Fleet Services) and the budget is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
06/05/2024 $179,433 $8,972 (5%)
ATTACHMENT
The following attachment(s)may be viewed online at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
DS:sr
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2023-2781 Agenda Date:6/5/2024 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
DIGESTER C,D,F,AND G MECHANICAL REHABILITATION AT PLANT NO.2,PROJECT NO.
FE20-02
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Digester C, D, F, and G Mechanical
Rehabilitation at Plant No. 2, Project No. FE20-02;
B. Award a Construction Contract Agreement to J.F. Shea Construction, Inc. for Digester C, D, F,
and G Mechanical Rehabilitation at Plant No. 2, Project No. FE20-02, for a total amount not to
exceed $3,694,000; and
C. Approve a contingency of $369,400 (10%).
BACKGROUND
The digester system at Orange County Sanitation District’s (OC San)Plant No.2 processes sludge
to reduce pathogens and volatile organics and generates methane gas for power and heat.This
digester system includes pumps, heat exchangers, and gas piping.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8,award construction contract to
lowest responsive, responsible bidder
·24/7/365 treatment plant reliability
·Protect public safety
·Safe, beneficial reuse of Biosolids
·Commitment to safety & reducing risk in all operations
PROBLEM
The existing high rate mixing pumps,heat exchangers,heated sludge recirculation pumps,sludge
transfer pumps,hot water pumps,and associated instrumentation for Digesters C,D,F,and G are at
the end of their useful life and require replacement.In addition,the elevated walkways between
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File #:2023-2781 Agenda Date:6/5/2024 Agenda Item No:5.
the end of their useful life and require replacement.In addition,the elevated walkways between
Digesters C and D,Digesters D and I,and Digesters F and G need structural repairs and the 8-inch
PVC gas balance pipes need replacement.
PROPOSED SOLUTION
Award a Construction Contract Agreement for Digester C,D,F,and G Mechanical Rehabilitation at
Plant No.2,Project No.FE20-02.This project will replace the mechanical equipment and associated
piping,replace high rate mixing pumps with chopper pumps,and replace the associated electrical
and instrumentation equipment.The project will also replace the existing PVC gas balance pipes
with stainless steel pipes, rehabilitate pipe supports, and repair the walkway bridges.
TIMING CONCERNS
Delaying the upgrade of the mechanical equipment and gas balance pipes could result in the failure
of digesters, reducing the capacity of the digestion system.
RAMIFICATIONS OF NOT TAKING ACTION
Not replacing the mechanical equipment or piping will increase the risk of a digester failure.If too
many digesters are out of service, the biosolids will not meet regulatory compliance.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FE20-02 for bids on January 23,2024,and five sealed bids were
received on March 20, 2024. A summary of the bid opening follows:
Engineer’s Estimate $ 4,400,000
Bidder Amount of Bid
J.F. Shea Construction, Inc.$ 3,694,000
Innovative Construction Solution $ 3,775,000
Kiewit Infrastructure West Co. $ 4,674,000
Filanc $ 4,678,397
Shimmick Construction Company, Inc.$ 5,214,000
The bids were evaluated in accordance with the OC San’s policies and procedures.A notice was
sent to all bidders on April 24,2024,informing them of the intent of OC San staff to recommend
award of the Construction Contract Agreement to J.F. Shea Construction, Inc.
Staff recommends awarding a Construction Contract Agreement to the lowest responsive and
responsible bidder, J.F. Shea Construction, Inc., for a total amount not to exceed $3,694,000.
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File #:2023-2781 Agenda Date:6/5/2024 Agenda Item No:5.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations section 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder
after the OC San Board of Directors approval of the Construction Contract Agreement.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2023-2024,Appendix A,Page 8,Small Construction
Projects Program, Project No. M-FE) 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 Agreement
·Presentation
GS:lb
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C-CA-071223
PART A
CONTRACT AGREEMENT
C-CA-071223
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL ....................................................................................... 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 22
SECTION – 18 TERMINATION ............................................................................... 22
SECTION – 19 WARRANTY ................................................................................... 23
SECTION – 20 ASSIGNMENT ................................................................................ 24
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 24
SECTION – 22 SAFETY & HEALTH ....................................................................... 24
SECTION – 23 NOTICES ....................................................................................... 24
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 1 of 26
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE20-02
DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2
THIS AGREEMENT is made and entered into, to be effective, this June 26, 2024, by and
between J.F. Shea Construction, Inc., hereinafter referred to as “CONTRACTOR” and the
Orange County Sanitation District, hereinafter referred to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
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 OC SAN. 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-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 2 of 26
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 3 of 26
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OC SAN’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.
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 4 of 26
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OC SAN, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OC SAN 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, OC SAN may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from
any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be
entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited
to administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE20-02
DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 5 of 26
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE20-02
DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2
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 OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within five hundred (500) calendar days from the
date of the “Notice to Proceed” issued by OC SAN, excluding delays caused or authorized by
OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General
Conditions. The time for completion includes ten (10) calendar days determined by OC SAN
likely to be inclement weather when CONTRACTOR will be unable to work.
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 OC SAN, 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. OC SAN 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
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 6 of 26
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OC SAN’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 OC SAN 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 OC SAN pursuant to the Contract Documents,
OC SAN 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 OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 7 of 26
SECTION – 9 CHANGES IN PROJECT
OC SAN 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 OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OC SAN 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 Three Million Six Hundred Ninety-Four
Thousand Dollars ($3,694,000) as itemized on the attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements, and General Conditions (including but
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 8 of 26
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. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract; Exhibit A, Schedule of Prices; and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OC SAN’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
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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 OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
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 OC SAN to assure satisfactory completion of
the Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions, “Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions, “Retained Funds; Substitution
of Securities.”
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 10 of 26
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment”; and Exhibit A,
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN 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:
OC SAN has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 11 of 26
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OC SAN 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 OC SAN, 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 OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
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required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’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 OC SAN. 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
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Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OC SAN, 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 OC SAN 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 OC SAN by
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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. OC SAN
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OC SAN 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 OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN 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, OC SAN
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
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exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OC SAN 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 OC SAN, its or their
officers, agents, or employees, or any other contractor or subcontractor performing Work or
rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar
written express waivers and insurance clauses from each of its Subcontractors of every tier. A
waiver of subrogation shall be effective as to any individual or entity, even if such individual or
entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not
pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity
has an insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general
aggregate limit of Five Million Dollars ($5,000,000) 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 Five Million Dollars
($5,000,000) per occurrence and a general aggregate limit of Five Million
Dollars ($5,000,000) 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
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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 OC SAN or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the general liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the general liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
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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 limit of
liability coverage: combined single limit of One Million Dollars ($1,000,000) for bodily
injury, personal injury, and 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 OC SAN.
5. Workers’ Compensation/Employer’s Liability: CONTRACTOR shall provide such
workers’ 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. 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
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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
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 OC SAN a certificate of insurance in a form
acceptable to the OC SAN indicating the deductible or self-retention amounts and
the expiration date of said policy and shall provide renewal certificates not less than
ten (10) days prior to the expiration of each policy term.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OC SAN.
At the option of OC SAN, either: the Insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects OC SAN, its Directors, officers, agents, consultants,
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and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC
SAN 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. OC SAN, 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 OC SAN 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 OC SAN shall be excess
only and not contributing with insurance provided under this policy.
2. Cancellation and Policy Change Notice.
The CONTRACTOR is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or acquisition
of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in
writing of any change in the terms of insurance, including reduction in coverage or
increase in deductible/SIR, within two (2) working days of receipt of such notice or
knowledge of same.
Said notices shall be mailed to OC SAN at:
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ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division
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.
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.
OC SAN recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OC SAN’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OC SAN 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 OC SAN or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OC SAN 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
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approved by OC SAN before Work commences. OC SAN 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. OC SAN 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 OC SAN with the above referenced required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability ACORD Form 25 or other equivalent certificate of insurance form
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 00 01
b. Additional Insured Including Form CG 20 10 and
Products-Completed Operations Form CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 22 of 26
c. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/
Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval. b. Cancellation Notice No endorsement is required. However, CONTRACTOR is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article C.2., Cancellation and Policy Change Notice, above.
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
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 OC SAN 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 OC SAN in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OC SAN 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
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effected by OC SAN, 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 OC SAN’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. OC SAN shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OC SAN 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 OC SAN 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 OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
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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 OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OC SAN 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 OC SAN, 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. OC SAN reserves the right
to stop Work for violations of safety and health standards until the hazardous conditions are
corrected. The right to stop Work includes the right to remove a contractor or its employees
from the worksite.
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be served by personal delivery or by
certified mail, return receipt requested, at the address set forth below. Unless specified
elsewhere in the Contract Documents or otherwise required by law, any notice may alternatively
be given by electronic telecommunication to the email address set forth below. Any party
whose address changes shall notify the other party in writing.
C-CA-071223 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 25 of 26
TO OC SAN: Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, California 92708-7018 Attn: Clerk of the Board ocsanclerk@ocsan.gov
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager rcuellar@ocsan.gov Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 bhogin@woodruff.law
TO CONTRACTOR: Roy A. Valadez, Assistant Secretary J.F. Shea Construction, Inc. 667 Brea Canyon Road, Suite 30
Walnut, CA 91789 roy.valadez@jfshea.com estimating-water@jfshea.com
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: J.F. Shea Construction, Inc.
667 Brea Canyon Road, Suite 30
Walnut, CA 91789
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 769989 (Expiration Date – 10/31/2025)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________
Chad P. Wanke Board Chairman
By______________________________ Date _________________ Kelly A. Lore Clerk of the Board
By______________________________ Date _________________ Ruth Zintzun
Finance & Procurement Manager
C-EXA-062221
EXHIBIT A SCHEDULE OF PRICES
C-EXA-062221
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
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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 – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OC SAN 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 OC SAN, 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, OC SAN 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 OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
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The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’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, OC SAN 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 OC SAN 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 OC SAN 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 OC SAN 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 OC SAN reviews, confirming that tax payments are current at all times.
C-EXA-062221 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED 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 OC SAN, 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 OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN’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, OC SAN 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 OC SAN, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-062221 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 5 of 8
acceptance by OC SAN, 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 OC SAN, and
agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, 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 OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN 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 OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN 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, OC SAN may make Final Payment subject to
resolution of those claims. OC SAN may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OC SAN’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that previously accepted;
C-EXA-062221 PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 6 of 8
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OC SAN also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-062221PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2 CONFORMED Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows:
That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OC SAN 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 OC SAN 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 OC SAN 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 theSpecifications, terms, and conditions of the Contract;
2.Payments to Subcontractors and Suppliers have been made from previous paymentsreceived under the Contract, and timely payments will be made from the proceeds ofthe payment covered by this certification;
3.This request for progress payments does not include any amounts which the primeCONTRACTOR intends to withhold or retain from a Subcontractor or Supplier inaccordance with the terms and conditions of the subcontract; and
4.This certification is not to be construed as Final Acceptance of a Subcontractor’sperformance.
_________________________________________
Name
_________________________________________
Title
_________________________________________
Date
C-EXA-062221PROJECT NO. FE20-02DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2CONFORMEDPage 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (J.F. Shea Construction, Inc.)
BF-14 Schedule of Prices, Pages 1-2
Bid Submitted By: J.F. Shea Construction, Inc.
(Name of Firm)
BF-14 SCHEDULE OF PRICES
A.General
INSTRUCTIONS
For Unit Prices, it is understood that the following quantities are approximate only and aresolely for the purpose of estimating the comparison of Bids, and that the actual value of Workwill be computed based upon the actual quantities in the completed Work, whether they bemore or less than those shown. CONTRACTOR's compensation for the Work under theContract Documents will be computed based upon the lump sum amount of the Contract attime of award, plus any additional or deleted costs approved by OC SAN via approved ChangeOrders, 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 authorizedrepresentative 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 todetermine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costsand 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. Allapplicable sales taxes, state and/or federal, and any other special taxes, patent rights orroyalties 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 LOWESTRESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment andservices for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-073123PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2
Page 1 of 2
Bid Submitted By: J.F. Shea Construction, Inc.
(Name of Firm)
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit of
No. Measurement
1.Mobilization: This Item shall include all fees, mark-ups, insurances and bond, overhead and profit, labor, material, equipment, and services required for all mobilization activities performed by the CONTRACTOR in Lump Sum accordance with the Contract Documents. OC SAN's maximum payment for this Item shall not exceed four (4) percent of the Total Bid Amount.
FE20-02 -Digester C, D, F and G Mechanical Rehabilitation at Plant No. 2
2. Digester C, D, F and G Mechanical Rehabilitation: All Work set forth inVolumes 1, 2, 3 and 5 except for the Work performed in Items No. 1, 3 and Lump Sum No. 4 inclusive in conformance with the Contract Documents for the lump sum price of ...
FE19-10 -Digester C, D, F, G, and I Gas Balance Replacement at Plant 2
3. Digester Gas Balance Replacement: All Work set forth in Volumes 1, 2, 4 and 6 except for the Work performed in Items No. 1, 2 and No. 4 inclusive Lump Sum in conformance with the Contract Documents for the lump sum price of ...
4.Demobilization: This Item includes all demobilization activities performed by the CONTRACTOR including, but not limited to, moving out, submittal and acceptance of As-Built Drawings, and final cleanup and restoration of Lump Sum the staging area to its original condition upon Final Completion, in conformance with the Contract Documents. Demobilization shall not be less than one (1) percent of the Total Amount of Bid.
TOTAL AMOUNT OF BID (BASIS OF AWARD)
Approx Unit Price Qty
1 =
1 =
1 =
1 =
Total Price
$170,000
$ '?_:}, 0 ti , cxn
$ J../ VX I CO)
$50,000
$1,\ogl.-{ ooo • I
BF-14 SCHEDULE OF PRICES C-BF-073123PROJECT NO. FE20-02 DIGESTER C, D, F AND G MECHANICAL REHABILITATION AT PLANT NO. 2
Page 2 of 2
5/28/2024
1
Digester C, D, F,
and G Mechanical
Rehabilitation at
Plant No. 2,
Project No. FE20-02
Presented by:
Martin Dix, Engineering Manager
Operations Committee
June 5, 2024
Construction Contract Award
v
Orange CountySanitation District70thAnniversary
MIXING
PUMPRECIRC
PUMP
HEAT
EXCHANGER
HOT WATER
TRANSFER
PUMP
DIGESTER
TRANSFER PUMP
MIXING PUMP
RECIRC PUMP
DIGESTER
HEATING
SYSTEM
2
HEAT EXCHANGER
1
2
5/28/2024
2
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Orange CountySanitation District70thAnniversary
Gas balance line replacement and
bridge repair:
•D‐I gas balance line
•D‐C gas balance line
•F‐G gas balance line
•D‐I bridge repair
3
Gas balance line
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Orange CountySanitation District70thAnniversary
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AmountBidder
$3,694,000J.F. Shea Construction, Inc.
$3,775,000Innovative Construction Solution
$4,674,000Kiewit Infrastructure West Co.
$4,678,397Filanc
$5,214,000Shimmick Construction Company, Inc.
$4,400,000Engineer’s Estimate
3
4
5/28/2024
3
Orange CountySanitation District70thAnniversary
Recommend to the Board of Directors to:
A.Receive and file Bid Tabulation and Recommendation for
Digester C, D, F, and G Mechanical Rehabilitation at Plant
No. 2, Project No. FE20-02;
B.Award a Construction Contract Agreement to J.F. Shea
Construction, Inc. for Digester C, D, F, and G Mechanical
Rehabilitation at Plant No. 2, Project No. FE20-02, for a
total amount not to exceed $3,694,000; and
C.Approve a contingency of $369,400 (10%).
5
Questions?
1954 - 2024
Orange County Sanitation District70thAnniversary
5
6
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3640 Agenda Date:6/5/2024 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1, PROJECT NO. FE19-04
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $318,480 (15%)to the construction contract with GSE
Construction Company Inc.for Sunflower Pump Replacement at Plant No.1,Project No.FE19-04,
for a total construction contingency of $530,800 (25%).
BACKGROUND
The Orange County Sanitation District (OC San)Sunflower Pump Station transfers flows into
Headworks from the deepest of the trunk sewers feeding Plant No.1.The pump station uses two 40
‑
million gallon per day screw pumps to lift flow from the Sunflower Trunk into Plant No.1.The screws
for those pumps are approximately 32 feet long,have a 9-foot diameter,and are driven through a
large gearbox to reduce the speed of the 150-horsepower motor down to 28 revolutions per minute.
These pumps are subject to erosion of the screws,corrosion from the sewer gas,and wear and tear
on bearings submerged in wastewater.
RELEVANT STANDARDS
·Protect OC San assets
·Maintain a proactive asset management program
·24/7/365 treatment plant reliability
PROBLEM
The original contract included the replacement of the Pump 1 screw pump and the replacement of
the grout and polyurethane coating in the trough area underneath the pump.During the removal of
the screw pump,the contractor discovered extensive damage to the concrete and coating in the area
above the trough,which is not part of the project scope.In addition,during construction it was
discovered that an existing control and signal duct bank for the screw pumps is not correctly shown
on existing as-built drawings and interferes with a future stairway constructed for the existing
Metering and Diversion Structure by Project No.P1-105,Headworks Rehabilitation at Plant No.1,
and needs to be rerouted.Replacing these interfering cables and conduits under this project will
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File #:2024-3640 Agenda Date:6/5/2024 Agenda Item No:6.
and needs to be rerouted.Replacing these interfering cables and conduits under this project will
eliminate a future pump outage.
PROPOSED SOLUTION
Approve a contingency increase of $318,480 to repair the concrete and coating system above the
trough for Pump 1 and replace the existing control and signal cables and conduits to both screws
pumps,which are outside the current scope of work.This will provide sufficient contingency for
contract work.
TIMING CONCERNS
Pump 1 is currently being replaced by this project.It is critical that the work on Pump 1 continue
without interruption so it can be returned to service prior to the start of the wet weather season in
October to provide sufficient pumping capacity.
RAMIFICATIONS OF NOT TAKING ACTION
Pump 1 will need to be put back into service without the repairs.The repair work will need to be
done under a future project,resulting in increased repair costs to remove the screw pump to perform
the repairs.
PRIOR COMMITTEE/BOARD ACTIONS
October 2021 -Awarded a Construction Contract to GSE Construction Company Inc.for Sunflower
Pump Replacement at Plant No.1,Project No.FE19-04,for a total amount of not to exceed
$2,123,200; and approved a contingency of $212,320 (10%).
ADDITIONAL INFORMATION
N/A
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2023-2024,Appendix A,Page 8,Small Construction
Projects Program, Project No. M-FE) 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:
·Presentation
Orange County Sanitation District Printed on 5/28/2024Page 2 of 2
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5/28/2024
1
Sunflower Pump
Replacement at
Plant No. 1,
Project No. FE19-04
Presented by:
Mike Dorman, Director of Engineering
Operations Committee
June 5, 2024
Construction Contingency Increase
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Orange CountySanitation District70thAnniversary
2
Sunflower
Pump Station
Headworks Area
Ellis Avenue
Administration
Building
1
2
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Replace Electrical and Instrumentation4
Replace Gearbox Assembly2
Replace Archimedes
Screw1
3 Replace Upper and Lower Bearing and
Foundations
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3
4
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M&D
Structure
Sunflower Pump Station
Duct Bank Conflict
New Stairway
Ellis Avenue
Guard Shack
Sunflower Pump Station
Control Panels
Sunflower Pump Station and
Metering and Diversion (M&D) Structure
Site Plan
Orange CountySanitation District70thAnniversary
Recommend to the Board of Directors to:
Approve a contingency increase of $318,480 (15%) to the
construction contract with GSE Construction Company Inc.
for Sunflower Pump Replacement at Plant No. 1, Project
No. FE19-04, for a total construction contingency of
$530,800 (25%).
6
5
6
5/28/2024
4
Questions?
1954 - 2024
Orange County Sanitation District
70th Anniversary
7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3635 Agenda Date:6/5/2024 Agenda Item No:7.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $727,933 (8.5%)to the Professional Construction Services
Agreement with Brown and Caldwell for Ocean Outfall System Rehabilitation,Project No.J-117,
Outfall Low Flow Pump Station,Contract No.J-117B,for a new total contingency not to exceed
$1,584,324 (18.5%).
BACKGROUND
Orange County Sanitation District’s (OC San)Ocean Outfall System Rehabilitation,Project No.J-
117,has two construction contracts.The second and final construction contract is the Outfall Low
Flow Pump Station,Contract No.J-117B,which will construct a new Outfall Low Flow Pump Station
and rehabilitate the existing Ocean Outfall Booster Station.The contract also includes construction
of a new plant water pump station required to separate reclaimable and non-reclaimable flows to
support OCWD’s reclamation of Plant No.2 effluent,the replacement of several 12kV switchgear
lineups at the heart of the Plant No.2 power distribution system,construction of an electrical SCADA
System similar to Plant No. 1, and network upgrades.
Brown and Caldwell is currently under contract to provide professional construction services to
support the construction of Contract No. J-117B.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
PROBLEM
The level of effort assumed in the Professional Construction Services Agreement included
assumptions such as the number of resubmittals,requests for information (RFIs),and design
changes due to unexpected field conditions.These assumptions were based on the best available
information and experience from past projects.Due to project complexity,the effort to support these
items has been higher than past projects.The level of effort to complete the job is projected to
exceed what was anticipated due to more resubmittals,RFIs,design changes,testing,and additional
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File #:2024-3635 Agenda Date:6/5/2024 Agenda Item No:7.
exceed what was anticipated due to more resubmittals,RFIs,design changes,testing,and additional
scope of work items.In addition,the construction schedule is currently being extended by eight
months due to construction delays.
Examples of additional construction services that were not part of the original scope of work include:
(1)additional dewatering support during construction;(2)electrical design modifications to allow
CenGen to feed standby power to the Trickling Filter Pump Stations to maintain permit compliance
during a power outage;(3)programming of the industrial control system network switches;and (4)
development of enhanced Operations and Maintenance manuals and standard operating procedures
and associated training.
PROPOSED SOLUTION
Approve a contingency increase to the Professional Construction Services Agreement.
TIMING CONCERNS
If this amendment is not approved,we may run out of budget to provide the remaining professional
services to support construction.
RAMIFICATIONS OF NOT TAKING ACTION
The Professional Construction Services Agreement “not to exceed”fee will not be sufficient to
appropriately provide the remaining professional construction service and OC San will need to utilize
staff or other services to complete the project.
PRIOR COMMITTEE/BOARD ACTIONS
December 2018 -Approved a Professional Construction Services Agreement with Brown and
Caldwell to provide construction support services for Ocean Outfall System Rehabilitation,Project
No.J 117,Outfall Low Flow Pump Station,Contract No.J 117B,for a total amount not to exceed
$8,563,913; and approve a contingency of $856,391 (10%).
ADDITIONAL INFORMATION
N/A
CEQA
An Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for
the Outfall Low Flow Pump Station,Contract No.J-117B,was adopted by the Board on September
27, 2017. The Notice of Determination was filed with the OC Clerk-Recorder on October 2, 2017.
Orange County Sanitation District Printed on 5/29/2024Page 2 of 3
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File #:2024-3635 Agenda Date:6/5/2024 Agenda Item No:7.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2023-2024,Appendix A,Page 8,Ocean Outfall System
Rehab, Project No. J-117) 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:
·Presentation
VP:lb
Orange County Sanitation District Printed on 5/29/2024Page 3 of 3
powered by Legistar™
5/28/2024
1
Ocean Outfall
System
Rehabilitation,
Project No. J-117
Presented by
Mike Dorman, Director of Engineering
Operations Committee
June 5, 2024
Consultant Contingency Increase
v
Orange CountySanitation District70thAnniversary
NON‐RECLAIMABLE FLOWSRECLAIMABLE FLOWS
REPLACE EXISTING
PLANT WATER
PUMP STATION
PLANT WATER PUMP STATION
LOW FLOW PUMP STATION
OCEAN OUTFALL BOOSTER
STATION REHABILITATION
CENGEN ELECTRICAL
REPLACEMENT
Project J‐117B Scope
2
1
2
5/28/2024
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Orange CountySanitation District70thAnniversary
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OOBS Pumps (2,650 HP)
Low Flow and Plant Water Pump Stations
OOBS 12kV Switchgear
Low Flow Pumps
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Orange CountySanitation District70thAnniversary
12kV Service Center
Dist Ctr J
Dist Ctr H
Ocean
Outfall
Booster
Station
(OOBS)
EPSA Standby Power
Headworks Standby Power
Dist Ctr A
EPSA Elect
Bldg
Dist Ctr B
Power Bldg B
Power Bldg C
City Water PS
RAS East
RAS West
DAF
Ops Center
Low Flow/
Plant Water
Pump Station
Projects:
J-117B
P2-107
CenGen
P2‐107 Scope: Plant‐wide electrical control system and industrial control system network
4
3
4
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Orange CountySanitation District70thAnniversary
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January 2019
Award PCSA
$8,563,913 +
$856,391 (10%)
Contingency
Today
Request PCSA
Contingency
Increase
225‐day Time Extension
to April 1, 2025
Original Construction Schedule
January 24, 2019 to July 23, 2024 (2,007 days)
OOBS and CenGen
12kV Switchgear Delays
Additional AnticipatedActuals to DateQuantity PlannedDescription
120832700Request of Information
14190100Design Changes/
Changed Conditions
Planned Professional Construction Services Agreement (PCSA) Scope versus Actuals
13% additional construction duration = 8.5% additional construction costs
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Orange CountySanitation District70thAnniversary
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CostDescription
$346,857Additional Dewatering Support
$172,431Electrical Design Changes
$172,832Cisco Switches Programming/Configuration
$132,812Additional Operations Manual, Standard Operations
Procedures and Training
$824,932Total
$856,391Current Consultant Contingency (10%)
$31,459Remaining Contingency to Date
$727,933Additional Requested Contingency (8.5%)
$759,392Revised Remaining Contingency
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Orange CountySanitation District70thAnniversary
Recommend to the Board of Directors to:
Approve a contingency increase of $727,933 (8.5%) to the
Professional Construction Services Agreement with Brown
and Caldwell for Ocean Outfall System Rehabilitation,
Project No. J-117, Outfall Low Flow Pump Station, Contract
No. J-117B, for a new total contingency not to exceed
$1,584,324 (18.5%).
7
Questions?
1954 - 2024
Orange County Sanitation District70thAnniversary
7
8
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3491 Agenda Date:6/5/2024 Agenda Item No:8.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a project budget increase of $1,500,000 for Headquarters Complex at Plant No. 1,
Project No. P1-128 for a new total project budget of $171,000,000; and
B. Approve a contingency increase of $1,538,175 (1.5%) to the existing construction contract with
Swinerton Builders for Headquarters Complex at Plant No. 1, Project No. P1-128A, for a total
contingency of $6,665,424 (6.5%).
BACKGROUND
The Orange County Sanitation District (OC San)is constructing a new Headquarters Building under
Project No.P1-128A.The new Headquarters Building will house administrative,technical,and
engineering staff.Construction started in July 2021 and is scheduled for completion in mid-2024.
The construction is approximately 98% complete.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Provide a safe and collegial workspace
PROBLEM
As construction nears completion,the projected cost of change orders to the construction contract is
nearing the Board approved contingency amount.The changes to date have largely been related to
design changes,unknown conditions,utility conflicts,and compliance with outside agency
requirements that were not anticipated.
Examples of these large changes that were not anticipated include:(1)waterline conflicts during the
installation of a new storm drain along Ellis Avenue;(2)implementation of a distributed antenna
system which is required by police and the fire department;(3)change to night work by the City of
Fountain Valley for all work along Ellis Avenue due to conflicts with the on-going nearby 405 freeway
Caltrans/OCTA construction project;and (4)structural framing support changes that were omitted in
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Caltrans/OCTA construction project;and (4)structural framing support changes that were omitted in
the design throughout the building to support all 252 active chill beam perforated metal panels.
The current authorized contingency is insufficient to commence negotiations with the Contractor for
all remaining requested changes by the Contractor and resolution of disputed items prior to final
closure of the project.This requested contingency increase will provide authority to Staff to reach
final resolution of all outstanding issues and allow closure of the project.
PROPOSED SOLUTION
Approve a project budget increase of $1,500,000 for a new total project budget of $171,000,000 and
approve a contingency increase of $1,538,175 (1.5%)to the construction contract for a total
contingency of $6,665,424 (6.5%).
TIMING CONCERNS
Additional contingency funds are required to approve any current and future construction changes
without causing project delays and proceed with negotiations to resolve disputed construction
changes.
RAMIFICATIONS OF NOT TAKING ACTION
If the project budget and contract contingency is not increased the project will not have sufficient
funds to commence and complete negotiations with the Contractor for resolution of all outstanding
requested changes and disputed items.The Contractor may seek legal action against OC San to
obtain compensation for all requested and disputed items.
PRIOR COMMITTEE/BOARD ACTIONS
May 2021 -Awarded 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 approved a
contingency of $5,127,249 (5%).
ADDITIONAL INFORMATION
N/A
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.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2023-2024,Appendix A,Page 8,Headquarters
Complex,Project No.P1-128).This item will increase the project budget and will be funded from the
CIP budget.
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ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
AB:lb
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Headquarters Complex
at Plant No. 1,
Project No. P1‐128
Presented by
Raul Cuellar, Engineering Manager
Operations Committee
June 5, 2024
Construction Contingency Increase
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Remaining items to be completed by contractor:
• Landscaping
• Courtyard metal fencing
• Final paving (Ellis Avenue)
• SCE street lighting and demolition of old transformer
• Conference room glass marker boards
• Final inspection
• Punch list items
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Construction Contract
Schedule
•Notice to Proceed: July 7, 2021
•Substantial Completion: May 29, 2024 (Temporary Certificate of Occupancy)•Beneficial Occupancy: June 4, 2024 (First day for OC San Staff)•Final Completion: July 31, 2024 (Anticipated)
$102,544,973Original Contract Amount
$4,153,04014 Approved Change Orders
$106,608,012Revised Contract Amount
$5,127,249Board Approved Contingency (5%)
$974,209Remaining Contingency 0.95% Remaining
4.05%
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Percentage (%)Amount ($)Change Type
75%$3,134,603Non‐reimbursable Design Errors
17%$695,972Unknown Conditions
4%$165,974Staff Requested Change
3%$123,555Other
1%$32,935Reimbursable Design Errors
$4,153,040Total (through Change Order #14)
$5,127,249Contingency (5%)
$974,209Remaining Contingency
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CostChange
$608,000Storm drain utility conflicts Ellis Avenue
$357,000Ellis Avenue night work (405 freeway)
$425,000Distributed antenna system (DAS)
$269,000Structural frame support and bracing for chilled beams
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A DAS is normally required for high‐rise buildings. Energy efficiency glass impact
police and fire communication signal requiring a DAS.
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Additional Structural Frame
Supports and Bracing
(252 locations)
Chilled Beams
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Amount ($)Description
$1,172,070Disputed Changes / To Be Submitted
$958,278Additional Known/Anticipated Changes
$2,130,348Total
($974,209)Less Remaining Contingency
$1,156,138Required Contingency Increase
$1,538,175Requested Contingency Increase (1.5%)
Orange CountySanitation District70thAnniversary
Recommend to the Board of Directors to:
A. Approve a project budget increase of $1,500,000 for
Headquarters Complex, Project No. P1-128 for a new
total project budget of $171,000,000; and
B. Approve a contingency increase of $1,538,175 (1.5%)
to the existing construction contract with Swinerton
Builders for Headquarters Complex at Plant No. 1,
Project No. P1-128A, for a total construction
contingency of $6,665,424 (6.5%).
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Questions?
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70th Anniversary
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3384 Agenda Date:6/5/2024 Agenda Item No:9.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
FY 2024-25 AND 2025-26 BUDGET PRESENTATION
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Staff will provide an overview of the FY 2024-25 and FY 2025-26 Budget,including Orange County
Sanitation District Revenues,Capital Improvement and Operating expenditures,and long-term
liabilities. The budget will be proposed for adoption at the June 26, 2024 Board of Directors meeting.
RELEVANT STANDARDS
·Produce appropriate financial reporting -annual financial report &audit letter and Ops &CIP
budgets every two years, with annual update
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3637 Agenda Date:6/5/2024 Agenda Item No:10.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
CRITICAL ASSET IDENTIFICATION AND PROCUREMENT RISK MITIGATION
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Staff will present their findings on the identification of critical plant and collection system assets that
have long lead times for parts or replacement;and the approach to mitigate these challenges per
the General Manager’s Work Plan.
RELEVANT STANDARDS
·Protect OC San assets
·24/7/365 treatment plant reliability
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
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Operations Committee
June 5, 2024
Critical Asset
Identification and
Procurement Risk
Mitigation
Presented by
Justin Fenton, Engineering Manager
Information Item
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GM Work Plan Goal:
•Determine Critical Assets
•In Service
•Under Construction
•Mitigate Procurement Risks
•Identify Required Spares
•High Operational Reliability
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•Maintenance, Purchasing,
and Warehouse staff
ensure availability
•Key element of process
reliability
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Major Equipment / AssetMajor Equipment / Asset
Limited RedundancyLimited Redundancy
Repair ConcernsRepair Concerns
Obsolescence Heavy Wear Long Lead
Times
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•84 Critical Asset types identified
•Majority have stocked items
•Recommended additional spares:
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ExamplesCountSpare
Pump, Grinder, Heat Exchanger, Gearbox, Check Valve 20Asset
Impeller, Auger, Drive & Gear, Rotor, Cutter Cartridge26Part
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Procurement of newly ID’d Assets & Parts
(Prioritization, Timing , & Storage)
Implementation of updated “spares”
process in Design & Construction
Continue to update critical asset tables
Questions?
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ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LOS Level Of Service RFP Request For Proposal
APWA American Public Works
Association MGD Million Gallons Per Day RWQCB Regional Water Quality
Control Board
AQMD Air Quality Management
District MOU Memorandum of
Understanding SARFPA Santa Ana River Flood
Protection Agency
ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy
Act SARWQCB Santa Ana Regional Water
Quality Control Board
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SAWPA Santa Ana Watershed
Project Authority
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCADA Supervisory Control And
Data Acquisition
CCTV Closed Circuit Television NWRI National Water Research
Institute SCAP
Southern California
Alliance of Publicly Owned Treatment Works
CEQA California Environmental
Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality
Management District
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SOCWA South Orange County
Wastewater Authority
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SRF Clean Water State
Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan
CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TDS Total Dissolved Solids
EPA US Environmental Protection Agency PCSA
Professional
Consultant/Construction
Services Agreement
TMDL Total Maximum Daily Load
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement TSS Total Suspended Solids
gpd gallons per day PFAS
Per- and Polyfluoroalkyl
Substances WDR Waste Discharge
Requirements
GWRS Groundwater Replenishment
System PFOA Perfluorooctanoic Acid WEF Water Environment
Federation
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation
IERP Integrated Emergency
Response Plan POTW Publicly Owned Treatment
Works WIFIA Water Infrastructure
Finance and Innovation Act
JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the
Nation Act
LAFCO Local Agency Formation
Commission PSA Professional Services
Agreement WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater.
BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone.
BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for
commercial and home gardens to improve and maintain fertile soil and stimulate plant growth.
CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities.
COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater.
COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water.
CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants.
DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”).
GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS
process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance.
PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects.
PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon).
PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents.
PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility.
PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment.
SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and
regulations designed to achieve public health standards by reducing emissions from business and industry.
SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
SLUDGE – Untreated solid material created by the treatment of wastewater.
TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater.
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them.
URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans.
WASTEWATER – Any water that enters the sanitary sewer.
WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.