This is a huge task. The managed assets include the main plant, the tertiary plant, the water distribution system and the stormwater system. The uniqueness of the Stockton system cannot be mentioned often enough. The deadline dates set for OMI, in reality, are probably unrealistic. However, the need to have completed the steps to validate the ability to maintain the manage assets is very realistic. While OMI failed to meet its obligation, the City failed in providing realistic timeframes.
The third and final step in this timeline of events is the Operation and Maintenance Manual. The Contract wording seems misleading. The word “manual” is pluralized and the inference is that OMI is to write new Operation and Maintenance Manuals for each piece of equipment. This is not the case. The Operation and Maintenance Manual is described in Section 1.1 Terms as:
“Operation and Maintenance Manual” means the manual and related computer programs prepared by the Company containing detailed standard operating and maintenance procedures and other specific instructions, policies, directives, routines, schedules and other matters relating to the Management Services, developed and maintained as required by Article V and Appendix 6.
And further vendor and City responsibilities are described in Section 5.6:
OPERATION AND MAINTENANCE MANUALS.
(A) Development. The Company shall provide to the City five copies of draft Operation and Maintenance Manuals within 180 days following the Commencement Date. Prior to the City’s approval of the draft Operation and Maintenance Manuals in accordance with subsection (B) of this Section, the Company shall use and follow the procedures set forth in the City’s operation and maintenance manuals for the Managed Assets. The content of the Operation and Maintenance Manuals shall be consistent with the Contract Standards, shall contain a detailed description of the means and methods of properly operating the Managed Assets and all sampling, testing and measurement procedures, shall document predictive, preventive and corrective maintenance procedures, practices and schedules, and shall otherwise be sufficiently detailed to permit the Managed Assets to be operated and maintained by a third party reasonably experienced in wastewater treatment, water distribution and stormwater collection; and shall be reviewed and approved by the appropriate Governmental Body in accordance with Applicable Law. The Operation and Maintenance Manuals shall be developed and maintained in a manner which is fully consistent with the computerized maintenance management system installed and utilized by the Company pursuant to Section 8.4. The Contract Services shall be performed substantially in compliance with the Operation and Maintenance Manuals and the Company’s computerized maintenance management system.