HomeMy WebLinkAbout07-03-2013 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, July 3, 2013
Regular Meeting of the " 6:00 P.M.
Operations Committee OPERATIONS CENTER
Plant No. 2
22212 Brookhurst Street
Huntington Beach, CA 92646
(714) 593-7130
**********IMPORTANT NOTICE**********
OPERATIONS COMMITTEE MEETING TO BE HELD AT DIFFERENT LOCATION.
Meeting will be held at:
OCSD, TREATMENT PLANT NO. 2
Operations Center
22212 Brookhurst Street
Huntington Beach, CA
PLANT NO. 2 TOUR
Members of the Operations Committee will take a one-hour tour of Plant No. 2. This tour
is scheduled to begin at 5 p.m. with the meeting called to order thereafter at 6 p.m.
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and
give it to the Clerk of the Board. Speakers are requested to limit comments to three
minutes.
REPORTS: The Committee Chair and the General Manager may present verbal
reports on miscellaneous matters of general interest to the Committee Members. These
reports are for information only and require no action by the Committee.
CONSENT CALENDAR:
1. Approve Minutes of June 5, 2013, Operations Committee meeting.
07/03/13 Operations Committee Agenda Page 1 of 3
2. Recommend to the Board of Directors to:
A. Approve a Professional Consultant Services Agreement with AECOM
Technical Services, Inc. to provide construction support services for the
Balboa Trunk Sewer Rehabilitation Project, Project No. 5-47, for an
amount not to exceed $284,951; and,
B. Approve a contingency of$28,495(10%).
3. Recommend to the Board of Directors to:
Approve a Professional Services Agreement with Constructive Community
Relations providing construction outreach services for the Newport Beach
Construction Program, Specification No. PSA-2013-568, for a two-year period
effective August 1, 2013 through July 31, 2015, for an amount not to exceed
$300,000, with three one-year renewal options, not to exceed $150,000 per
renewal year.
4. Recommend to the Board of Directors to:
Approve a contingency increase of $59,661 (3%) to the Professional Design
Services Agreement with Black & Veatch Corporation for CenGen Emissions
Control, Project No. J-111, for a total contingency of$ 258,529 (13%).
5. Recommend to the Board of Directors to:
A. Award a Service Contract to Ayala Engineering for Manhole Frame and
Cover Replacement, Specification No. S-2013-569, for a total annual
amount not to exceed $256,950 for the period July 1, 2013 through June
30, 2014, with four one-year renewal options; and,
B. Approve a contingency of$25,695 (10%).
NON-CONSENT:
6. Recommend to the Board of Directors to:
Approve a contingency increase of$499,970 (0.26%)to the construction contract
with J.F. Shea Construction, Inc. for Headworks Improvements at Plant No. 2,
Project No. P2-66, for a total contingency of$7,230,333 (3.76%).
07/03/13 Operations Committee Agenda Page 2 of 3
INFORMATION ITEMS:
7. Maximo Asset Management System Implementation
DEPARTMENT HEAD REPORTS
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, September 4,
2013, at 5:00 p.m.
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-7130 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 Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, 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.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Made E.Ayala
Clerk of the Board
(714)593-7130
mavalalglocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbern(&,cmd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(olocsd.com
Director of Engineering Nick Kanetis (714)593-7310 nkanetisfrpomd.com
Director of Facility Support Services Nick Amontes (714)593-7210 narhontes0ocsd.mm
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres cmd.com
07/03/13 Operations Committee Agenda Page 3 of 3
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
0,/03/13 0]/24/13
AGENDA REPORT ItemNumber Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
CIP Project Manager: Eros Yong
SUBJECT: BALBOA TRUNK SEWER REHABILITATION, PROJECT NO. 547
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Consultant Services Agreement with AECOM Technical
Services, Inc. to provide construction support services for the Balboa Trunk Sewer
Rehabilitation Project, Project No. 5-47, for an amount not to exceed $284,951;
and,
B. Approve a contingency of$28,495(10%).
SUMMARY
The Balboa Trunk Sewer Rehabilitation, Project No. 5-47, will rehabilitate the existing
Balboa Trunk Sewer along Newport and Balboa Boulevards between the A Street Pump
Station and the Lido Pump Station in the City of Newport Beach.
AECOM Technical Services, Inc. has satisfactorily furnished engineering services for
the design of Project No. 5-47, and their engineering support services during
construction will provide continuity through the completion of the project. The proposed
engineering services during construction will be provided on an as-needed basis and
will include reviewing submittals, responding to Contractor's Requests for Information,
reviewing and preparing design changes, preparing record drawings, and assisting in
closeout of the project.
Staff negotiated with AECOM for these support services in accordance with the Orange
County Sanitation District's (Sanitation District) adopted policies and procedures. A
review of the proposed price was conducted using estimated quantities of Requests for
Information, submittals, meetings, site visits, change order review, and design revisions,
as well as the level of effort for preparing record drawings. Based on this review, staff
determined the negotiated fee to be fair and reasonable for these services. Staff
recommends awarding a Professional Consultant Services Agreement with AECOM for
an amount not to exceed $284,951, and approving a contingency of$28,495 (10%).
PRIOR COMMITTEE/BOARD ACTIONS
May 2013 — Authorized the General Manager to negotiate a Professional Consultant
Services Agreement with AECOM Technical Services, Inc. for construction support
services for the Balboa Trunk Sewer Rehabilitation, Project No. 5-47.
Page 1 of 2
August 2008 — Approved a Professional Design Services Agreement with AECOM
Technical Services, Inc. for providing engineering services for Balboa Trunk Sewer
Rehabilitation, Project No. 547, for an amount not to exceed $796,404.
ADDITIONAL INFORMATION
None.
CEQA
The Balboa Trunk Sewer Rehabilitation, Project No. 5-47, is within the scope of the
Program Environmental Impact Report (PEIR) for the Collection System Improvement
Plan, SCH# 2006101018, dated June 2007. Pursuant to CEQA Guidelines section
15168(c)(4), the Sanitation District has used a written checklist to document its
evaluation of the recommended action and has subsequently identified two issue areas
that merit further discussion. These are: (1) the adequacy of the air quality project
specific impact analysis, and (2) issues concerning the analysis of climate change
impacts in CEQA documents. After reviewing the facts and analyzing the
circumstances, staff has determined that these issue areas are of no significant impact
since the certification of the Final PEIR for the Collection System Improvement Plan.
An addendum to the PEIR has been prepared to discuss these issues and the basis for
this determination, and is retained in the Sanitation District's official files for internal
reference.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted (FY2013-14 Update, Page A-7) and the budget
is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
07/24/13 $284,951 $28,495 (10%)
ATTACHMENT
The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD
website(M5U.ocsd.com) with the complete agenda package:
Professional Consultant Services Agreement
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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 240 day of July, 2013
by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as
"SANITATION DISTRICT", and AECOM TECHNICAL SERVICES, INC., for purposes of this
Agreement hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide
Construction Support Services for the Balboa Trunk Sewer Rehabilitation, Project No. 5.47;
and,
WHEREAS, CONSULTANT is qualified to provide the necessary services for
Construction Support Services in connection with these requirements; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with
the Delegation of Authority(DOA) Section 5.7 (f)and (g)for the selection of Construction
Support Services and has proceeded in accordance with said procedures to perform this work;
and,
WHEREAS, at its regular meeting on July 24, 2013 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee pursuant to Resolution No.
OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and
CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment"A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness.
PCSA PROJECT NO.5-47
Revised 02/07/13 BALBOA TRUNK SEWER REHABILITATION
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C. In the event that work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CADD drawings, figures, and other work shall be produced by
CONSULTANTS and Subconsultants using the SANITATION DISTRICT
standard software. Conversion of CADD work from any other non-standard
CADD format to the SANITATION DISTRICT format shall not be acceptable in
lieu of this requirement.
Electronic files shall be subject to an acceptance period of 30 calendar days
during which the SANITATION DISTRICT shall perform appropriate acceptance
tests. CONSULTANT shall correct any discrepancies or errors detected and
reported within the acceptance period at no additional cost to the SANITATION
DISTRICT.
E. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that(a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Two Hundred Eighty-
Four Thousand, Nine Hundred Fifty One Dollars ($284,951). Total compensation
to CONSULTANT including burdened labor(salaries plus benefits), overhead,
profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum
set forth in Attachment"E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits) actually paid by CONSULTANT
PCSA PROJECT NO.5-47
Revised 02/07/13 BALBOA TRUNK SEWER REHABILITATION
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charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees'work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment"E" - Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
PCSA PROJECT NO.5-47
Revised 02/07/13 BALBOA TRUNK SEWER REHABILITATION
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DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment"D"—Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 - COMPENSATION above.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2 - COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent(100%) of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
PCSA PROJECT NO.547
Rcvis d09W113 BALBOA TRUNK SEWER REHABILITATION
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C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2- COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICTS Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a $10,000 civil penalty for each
false claim submitted. This Section shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or
causes to be presented to an officer or employee of the SANITATION DISTRICT
a false claim or request for payment or approval; b) knowingly makes, uses, or
causes to be made or used a false record or statement to get a false claim paid
or approved by the SANITATION DISTRICT; c) conspires to defraud the
SANITATION DISTRICT by getting a false claim allowed or paid by the
SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or
used a false record or statement to conceal, avoid, or decrease an obligation to
the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission
of a false claim to the SANITATION DISTRICT, and fails to disclose the false
claim to the SANITATION DISTRICT within a reasonable time after discovery of
the false claim.
5. PREVAILING WAGES
To the extent CONSULTANT intends to employ employees who will perform work during
the design and preconstruction phases of a construction contract, as more specifically
defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing
wage requirements with respect to such employees.
PCSA PROJECT NO.547
Revised 02/07/13 BALBOA TRUNK SEWER REHABILITATION
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6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of work or Professional Services, shall be
the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
Contractor to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within 20 days of written
notice to Contractor, by the SANITATION DISTRICT or its agent.
III. Coverage shall be in effect prior to the commencement of any work under
this Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: Two
PCSA PROJECT NO.5-47
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Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000)
aggregate. Said insurance shall include coverage for the following hazards:
Premises-Operations, blanket contractual liability (for this Agreement), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground) must be included in the General Liability policy and coverage
must be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and automotive liability insurance required,
as set forth herein, shall be provided for through either a single policy of primary
insurance or a combination of policies of primary and umbrella excess coverage.
Umbrella excess liability coverage shall be issued with limits of liability which,
when combined with the primary insurance, will equal the minimum limits for
general liability and automotive liability.
D. AutomotiveNehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of Two Million Dollars ($2,000,000) or
alternatively, One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage. A statement
on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement.
E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Workers Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier'SCIF' and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Two Million Dollars
PCSA PROJECT NO.5-47
Revised 02/07/13 BALBOA TRUNK SEWER REHABILITATION
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($2,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5)years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail' coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence' basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT 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.
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25-S(7/97)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 35 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CIS 2037 10 01
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
PCSA PROJECT NO.547
Revised 02107/13 BALBOA TRUNK SEWER REHABILITATION
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• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty(30) days' prior written
notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the
required thirty (30)days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty (30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10)days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Contracts
Administration, Div. 230, and shall be received by the SANITATION DISTRICT
not less than thirty (30)days prior to the effective date of the change(s) if the
change would reduce coverage or increase deductibles or SIR amounts or
otherwise reduce or limit the scope of insurance coverage provided to the
SANITATION DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a 'Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
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self insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Suboonsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
8. SCOPE CHANGES
In the event of a change in the scope of the proposed project, requested by
SANITATION DISTRICT, the parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new Agreement, including but
not limited to any additional CONSULTANTS fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2 -
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer. Such services hereunder will be
performed under the direct supervision of registered engineers.
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11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3)years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all Project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all Project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Gary V. Prater, Principal Contracts Administrator
Copy: Eros Yong, Project Manager
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Notices shall be mailed to CONSULTANT at:
AECOM TECHNICAL SERVICES, INC.
999 W. Town and Country Road
Orange, CA 92868-4713
Attention: Jagadish Gundariahalli
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty(30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13- NOTICES.
15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
16. COMPLIANCE
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all federal, state and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
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18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or inequity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2)future activities, 3)
potential items that are not included in the Scope of Work, 4)concerns and possible
delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT'S sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT'S
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys'fees, disbursements and court costs,
and all other professional, expert or CONSULTANT'S fees and costs and the
SANITATION DISTRICT'S general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT'S suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
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CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A)the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT'S supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
Exceptions (A)through (B)above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT'S liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT'S indemnification obligation or other liability hereunder. The terms
of this Agreement are contractual and the result of negotiation between the parties
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Parry's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims.
CONSULTANT'S indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
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24. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the Department and may
be considered in future CONSULTANT selection processes.
25. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, Work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty(30) days of receipt of notice of
Agreement closeout.
Upon receipt of CONSULTANT'S submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
L Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT'S cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative Closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the Work, the non-completion of which were not disclosed to
the SANITATION DISTRICT(regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT'S request for final Agreement Acceptance as set forth above shall not be
deemed to be Acceptance of the Work by the SANITATION DISTRICT for any purpose
nor imply Acceptance of, or agreement with, the Consultant's request for final
Agreement Acceptance.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: AECOM TECHNICAL SERVICES, INC.
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Maria E. Ayala
Clerk of the Board Date
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments: Attachment"A"—Scope of Work
Attachment'B"—Labor Hour Matrix
Attachment"C"— Not Used
Attachment"D"—Allowable Direct Costs
Attachment"E"—Fee Proposal
GVP:yp
EDMS: 00397"22
PCSA PROJECT NO.5d7
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OPERATIONS COMMITTEE Meeting Date TOBti.of Dir.
07/03/13 07/24/13
AGENDA REPORT ern Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Jennifer Cabral, Principal Staff Analyst
SUBJECT: CONSTRUCTION OUTREACH FOR NEWPORT BEACH PROGRAM
GENERAL MANAGER'S RECOMMENDATION
Approve a Professional Services Agreement with Constructive Community Relations
providing construction outreach services for the Newport Beach Construction Program,
Specification No. PSA-2013-568, for a two-year period effective August 1, 2013 through
July 31, 2015, for an amount not to exceed $300,000, with three one-year renewal
options, not to exceed $150,000 per renewal year.
SUMMARY
Beginning in July 2013, through May 2018, construction to rehabilitate the Orange
County Sanitation District (Sanitation District) regional sewers will take place in the City
of Newport Beach (City) with some construction overlapping in the neighboring City of
Costa Mesa. This construction will consist of five projects with a total construction cost
of over $55 million as described below. It is imperative that close coordination and an
effective community outreach take place on all five projects in order to minimize the
impacts on the businesses, residents, and commuters within the City during this time. A
project delay in one project could result in several other delays impacting the program
and the community more so than necessary.
Historically, the Sanitation District has provided construction outreach on a project by
project basis. This would be done with internal staff and/or supplemented with an
outside Consultant brought on through the construction contract. However, as a result
of the number of projects within one city, the Sanitation District will be approaching
these five projects as a program. As a result, in order to effectively maintain a smooth
program, project start up and completion, and necessary relationships, staff is
recommending the use of an outside Consultant to supplement the Sanitation District's
internal outreach support.
Newport Beach Construction Program Consists of the Following Projects:
• Dover Drive Trunk, Project No. 5-63
Estimated Construction: June 2013 — July 2014
Construction Contract Amount: $6,189,000
• Balboa Trunk, Project No. 5-47
Estimated Construction: September 2013— May 2014
Engineer's Estimate: $5,700,000
Page 1 of 4
• Newport Force Main, Project No. 5-60
Estimated Construction 2 phases: September 2014— May 2015
and September 2015— May 2016
Engineer's Estimate: $32,105,432
• District 6 Trunk Sewer Relief, Project No. 6-17
Estimated (Tentative) Construction: April 2015— May 2016
Engineer's Estimate: $3,033,000
• Southwest Costa Mesa Trunk, Project No. 6-19
Estimated (Tentative) Construction: June 2016— May 2018
Engineer's Estimate: $8,913,000
PRIOR COMMITTEE/BOARD ACTIONS
None.
ADDITIONAL INFORMATION
Project Scope of Work:
The Scope of Work for Construction Outreach Program includes time and materials
services for the construction outreach for the Newport Beach Program. This outreach
contract will include: a community liaison available 24/7 for inquiries and complaints,
development and distribution of collateral material, and neighborhood meetings, in
addition to strategic, crisis, and media consultation.
This contract will focus on the projects occurring during the contract time which include
the Dover Drive Trunk sewer, Balboa Trunk sewer and portions of the Newport Force
Main project and District 6 Trunk Sewer Relief project.
Reauest for Proposal:
Request for Proposals (RFP) which outlined the Consultant's Scope of Work and criteria
required for this project was advertised on April 10 and 16, 2013, in the Orange County
Register. Furthermore, an email notification was sent to 422 firms registered on the
Sanitation District's vendor database.
As a result, five proposals were received on May 16, 2013 from the following firms.
CalTrop Communications
• Constructive Community Relations
Katz&Associates
• MBI
Simon Wong Engineering
Page 2 of 4
A Staff Evaluation Committee, consisting of a Project Manager, Sanitation District
Engineering Manager, Supervisor, and two staff members that support construction
outreach, and a member from the Public Information Office from the City of Newport
Beach, reviewed and ranked each of the proposals in accordance with the evaluation
process set forth in the Sanitation District Resolution No. OCSD 07-04, Section 5.07
and the evaluation criteria stated in the Request for Proposal. A representative from the
Contracts Administration Division participated in the evaluation process as a non-voting
member. The proposals were evaluated according to the following criteria (1) project
understanding and approach; (2) related project experience; and (3) project team and
staff qualifications.
The evaluation and selection process is based on procedures pursuant to the California
Government Code requiring the Sanitation District to select "the best qualified firm" for
construction outreach and to negotiate a 'lair and reasonable"fee with that firm.
After reviewing and scoring the proposals, the five Consultants were ranked according
to the score of the evaluators. The Evaluation Committee interviewed the top four firms.
Pursuant to the results of the interview, the Evaluation Committee selected Constructive
Community Relations as the top-ranked firm.
All proposals were accompanied by a sealed fee proposal. The interviewed firms' fee
proposals were not opened until after evaluation and the recommended firm was
established.
Staff reviewed their pricing and held discussions with the successful firm to clarify
pricing. Because this contract is on an as-needed basis, the Sanitation District has
established a not-to-exceed amount of $300,000 for the term of this Agreement. Staff
determined the final rate proposals to be fair and reasonable and recommends
awarding Professional Services Agreements to Constructive Community Relations.
The proposed Professional Services Agreement is for a two-year period effective
August 1, 2013, for an amount not to exceed $300,000 with three annual options for
renewal. The estimated contract amount for this period was determined by staff based
on industry experience and research.
Sanitation District staff will use the Consultant on an as-needed basis only. The total
agreement cost is not guaranteed nor is it paid to the Consultant if their services are not
used.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This Professional Services Agreement complies with authority levels of the Sanitation
District's Delegation of Authority and the budget is sufficient for the recommended
action. These funds are included in the individual project budgets that require these
services.
Page 3 of 4
Date of Approval Contract Amount Contingency
07/24/13 $300,000 N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
Professional Services Agreement
NK:JC:dm:gc
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ATTACHMENT "E"
SAMPLE PSA AGREEMENT
CONSTRUCTION OUTREACH FOR THE
ORANGE COUNTY SANITATION DISTRICT
NEWPORT BEACH PROGRAM
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PLANNING SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the day
Of 2013 by and between the ORANGE COUNTY SANITATION
DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and «Company», for
purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The
SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the
"Parties" or individually as a "Party."
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a consultant for the
CONSTRUCTION OUTREACH FOR THE NEWPORT BEACH PROGRAM, to provide
outreach services to develop and implement a comprehensive outreach program in
coordination with the SANITATION DISTRICT's outreach project manager; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in
connection with these requirements and has agreed to provide outreach services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the
selection of professional services and has proceeded in accordance with said
procedures to select CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on , 2013, the Board of Directors,
by Minute Order, accepted the recommendation of the Operations Committee to
approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which
will result to the parties in carrying out the terms of this AGREEMENT, it is mutually
agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish outreach services to accomplish those project
elements outlined in the Scope of Work attached hereto as "Attachment A", and
by this reference made a part of this AGREEMENT. In the event of a conflict
between the Scope of Work and this AGREEMENT, the terms of this
AGREEMENT shall prevail.
A. The CONSULTANT shall be responsible for the professional quality,
technical accuracy, and completeness of the work and services furnished
by the CONSULTANT under this AGREEMENT, including the work
performed by its Subconsultants. Where approval by the SANITATION
DISTRICT is indicated, it is understood to be conceptual approval only
and does not relieve the CONSULTANT of responsibility for complying
with all applicable laws, regulations, codes, industry standards and liability
RFP -ATTACHMENT E PSA-2013-568
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for damages caused by errors, omissions, noncompliance with industry
standards, and/or negligence on the part of the CONSULTANT or its
Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
AGREEMENT and shall ensure that all work is performed to the standards
of best professional practice for clarity, uniformity, and completeness.
CONSULTANT shall timely respond to all comments, suggestions, and
recommendations from the SANITATION DISTRICT. All comments from
the SANITATION DISTRICT, or its agent, shall be incorporated into
whatever medium is being reviewed prior to the next review deadline or
addressed, in writing, as to why the comment(s) has/have not been
incorporated. CONSULTANT shall ensure that each submittal is 100%
accurate (i.e. correct references, terms, spelling, punctuation, etc.)
C. In the event that CONSULTANT's services and/or work product(s) is not to
the satisfaction of the SANITATION DISTRICT and/or does not conform to
the requirements of this AGREEMENT or the applicable industry
standards, the CONSULTANT shall, without additional compensation,
promptly correct or revise any errors or deficiencies in its work product(s)
within the timeframe specified by the Project Manager. The SANITATION
DISTRICT may charge to CONSULTANT all costs, expenses and
damages associated with any such corrections or revisions.
D. Electronic files shall conform to the Format for Deliverables listed in
"Attachment A", Scope of Work. Any changes to these specifications by
the CONSULTANT require advance written approval of the SANITATION
DISTRICT.
E. All services performed by the CONSULTANT, including, but not limited to,
all drafts, data, correspondence, logs, electronic medium compiled or
composed by the CONSULTANT, pursuant to this AGREEMENT, are for
the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third
party without the prior written consent of the SANITATION DISTRICT.
This provision does not apply to information that (a)was publicly known,
or otherwise known to the CONSULTANT, at the time that it was disclosed
to the CONSULTANT by the SANITATION DISTRICT, or (b) subsequently
becomes publicly known to the CONSULTANT other than through
disclosure by the SANITATION DISTRICT. Except for Subconsultants
covered by Section 2 (a) neither the documents nor their contents shall be
released to any third party without the prior written consent of the
SANITATION DISTRICT.
RFP -ATTACHMENT E PSA-2013.568
Revision 05/23/12
Page 2 of 20
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2. TERM
This Agreement shall commence upon the effective date first written above and
shall continue in full force and effect through July 31, 2015, ('Initial Term") unless
earlier terminated or extended as provided in the Agreement. SANTITATION
DISTRICT, at its sole discretion, may elect to extend the term of this Agreement
up to twelve (12) months, commencing on August 1, 2015, and continuing
through July 31, 2016, ("Option Term 1"), and thereupon require CONSULTANT
to continue to provide services, and otherwise perform, in accordance with
Attachment "A", entitled "Scope of Work", and Attachment "B", entitled
"Hourly Rate Schedule".
SANITATION DISTRICT, at its sole discretion, may elect to extend the term of
this Agreement up to an additional twelve (12) months, commencing on August
1, 2016, and continuing through July 31, 2017, ("Option Term 2"), and thereupon
require CONSULTANT to provide services, and otherwise perform, in
accordance with Attachment "A", entitled "Scope of Work", and Attachment
"B", entitled "Hourly Rate Schedule".
SANITATION DISTRICT, at its sole discretion, may elect to extend the term of
this Agreement up to an additional twelve (12) months, commencing on August
1, 2017, and continuing through July 31, 2018, ("Option Term 3"), and thereupon
require CONSULTANT to provide services, and otherwise perform, in
accordance with Attachment "A", entitled "Scope of Work", and Attachment
"B", entitled "Hourly Rate Schedule'.
3. COMPENSATION.
Total compensation shall be paid to CONSULTANT for services performed in
accordance with the following provisions:
A. Total Compensation.
Total compensation for the services provided under this AGREEMENT
shall be in an amount not to exceed $300,000 ('Total Compensation").
Total Compensation to CONSULTANT, which includes burdened labor
(salaries plus benefits), overhead, profit, direct costs, and
Subconsultant(s) fees and costs.
As a portion of the Total Compensation, CONSULTANT shall pay to all
Subconsultants, excluding out-of-pocket costs, on an hourly-rate basis per
Attachment"B." The SANITATION DISTRICT shall pay to CONSULTANT
the actual costs of Subconsultant fees and charges subject to the
limitations set forth herein.
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Profit for CONSULTANT and Subconsultants shall be 8%. Amendments
shall be governed by the established profit percentage stated in this
Agreement. The profit percentage shall apply to the Prime CONSULTANT
and all Subconsultants.
B. Labor. As a portion of the Total Compensation to be paid to
CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT
a sum equal to the fully burdened salaries (salaries plus benefits and
overhead and profit) charged on an hourly-rate basis to this Program.
CONSULTANT and all Subconsultants will provide the SANITATION
DISTRICT with certified payroll records of all employees where time is
charged to this Program.
C. Overhead. As a portion of the total compensation to be paid to
CONSULTANT, the SANITATION DISTRICT shall compensate
CONSULTANT for overhead at a rate equal to «Overheadpcnt»% of
burdened labor paid by CONSULTANT pursuant to this Compensation
Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant A for
overhead at a rate equal to «SubAOverheadPcnt»% of burdened labor as
shown in this Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant B for
overhead at a rate equal to «SubBOverheadPcnt»% of burdened labor as
in this Compensation Section hereof.
D. Subconsultants. CONSULTANT shall pay all Subconsultants in
accordance with Section 2.A,Total Compensation. Payments shall be
based on the hourly-rates per the schedule attached hereto as Attachment
„B„
E. Direct Costs. As a portion of the Total Compensation, the SANITATION
DISTRICT shall reimburse CONSULTANT and Subconsultants for the
expenses described as Other Direct Costs, and identified as allowable on
Attachment "C" hereto that CONSULTANT and Subconsultants actually
incur in performance of this AGREEMENT. Attachment "C" is hereby
incorporated by reference. Reimbursement for Other Direct Costs for
CONSULTANT and all Subconsultants shall not include markup of any
kind. CONSULTANT shall provide to the SANITATION DISTRICT
itemized receipts, regardless of amount, and other documentary records
to support each request for reimbursement. The SANITATION DISTRICT
shall also pay to CONSULTANT actual costs for equipment rentals, leases
or purchases with prior written approval of the SANITATION DISTRICT.
All incidental expenses shall be included in overhead pursuant to
Compensation Section above. (See Attachment B).
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F. Escalation
Compensation may be adjusted annually on August 1, by mutual
agreement of the Parties, at current CPI. No employee rate may increase
at a rate greater than the allowable escalation. Employees categorized in
ranges will not be allowed to be billed more than the allowable escalation.
4. REALLOCATION OF TOTAL COMPENSATION.
The SANITATION DISTRICT, by its Director of Engineering, shall have the right
to approve a reallocation of the incremental amounts constituting the Total
Compensation, provided that the Total Compensation is not increased.
5. PAYMENT.
A. CONSULTANT will submit monthly statements covering services and/or
work performed for payment for those items included in Section 2 hereof
no later than the second Wednesday of the following month and in the
format required by the SANITATION DISTRICT. The format must include,
as a minimum: 1) current billing period invoicing, 2) current billing period
"total percent invoiced to date", 3) future activities, 4) previous billing
period "total invoiced to date", 5) potential items that are not included in
the Scope of Work, 6) concerns and possible delays, 7) percentage of
completion to date, 8) hours and other direct costs are to be applied to the
appropriate project, and 9) budget status and amount remaining. Such
requests shall be accompanied by such supporting data as may be
required by the SANITATION DISTRICT.
Monthly Invoice. CONSULTANT shall include in its monthly invoice, a
detailed breakdown of costs associated with the performance of any
corrections or revisions of the work for that invoicing period.
CONSULTANT shall warrant and certify the accuracy of these costs and
provide all support documentation required by the SANITATION
DISTRICT. CONSULTANT understands that submitted costs are subject
to Section 12 Audit Provisions.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one
hundred percent (100%) of the invoiced amount on a per-project-element
basis.
If the SANITATION DISTRICT determines that the work under this
AGREEMENT or any specified project element hereunder, is incomplete
and that the amount of payment is in excess of:
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I. The amount considered by the SANITATION DISTRICT's Director
of Engineering to be adequate for the protection of the
SANITATION DISTRICT; or
ii. The percentage of the work accomplished for each project element,
The SANITATION DISTRICT may, at the discretion of the Director of
Engineering, retain an amount equal to that which insures that the total
amount paid to that date does not exceed the percentage of the
completed work for the Program in its entirety.
B. Upon satisfactory completion by CONSULTANT of the work called for
under the terms of this AGREEMENT, and upon acceptance of such work
by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid
balance of any money due for such work based on the monthly
statements, including any retained percentages relating to this portion of
the work.
C. Upon satisfactory completion of the work performed hereunder and prior
to final payment under this AGREEMENT for such work, or prior
settlement upon termination of this AGREEMENT, and as a condition
precedent thereto, CONSULTANT shall execute and deliver to the
SANITATION DISTRICT a release of all claims against the SANITATION
DISTRICT arising under or by virtue of this AGREEMENT other than such
claims, if any, as may be specifically exempted by CONSULTANT from
the operation of the release in stated amounts to be set forth therein.
D. Pursuant to the California False Claims Act (Government Code sections
12650-12655), any CONSULTANT that knowingly submits a false claim to
the SANITATION DISTRICT for compensation under the terms of this
AGREEMENT may be held liable for treble damages and up to a $10,000
civil penalty for each false claim submitted. This section shall also be
binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a
false claim when the CONSULTANT or Subconsultant: (a) knowingly
presents or causes to be presented to an officer or employee of the
SANITATION DISTRICT a false claim or request for payment or approval;
(b) knowingly makes, uses, or causes to be made or used a false record
or statement to get a false claim paid or approved by the SANITATION
DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by
getting a false claim allowed or paid by the SANITATION DISTRICT; (d)
knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to the
SANITATION DISTRICT; or (a) is a beneficiary of an inadvertent
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submission of a false claim to the SANITATION DISTRICT, and fails to
disclose the false claim to the SANITATION DISTRICT within a
reasonable time after discovery of the false claim.
5. DOCUMENT OWNERSHIP — SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS — CONSULTANT PERFORMANCE
A. Ownership of Documents for the outreach services performed, all
documents in all forms (electronic, paper, etc.), including, but not limited
to, studies, sketches, drawings, computer printouts, disk files, and
electronic copies prepared in connection with or related to the Scope of
Work or Outreach Services, shall be the property of the SANITATION
DISTRICT. The SANITATION DISTRICT's ownership of these documents
includes use of, reproduction or reuse of and all incidental rights, whether
or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or
any partial payment for work performed and includes ownership of any
and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Outreach Services are terminated: a)
by the completion of the AGREEMENT, or b) in accordance with other
provisions of this AGREEMENT. Notwithstanding any other provision of
this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such sketches, drawings, computer printouts and disk
files, outreach material and meeting information.
B. CONSULTANT shall not be responsible for damage caused by
subsequent changes to or uses of the study or deliverable where the
subsequent changes or uses are not authorized or approved by
CONSULTANT, provided that the service rendered by CONSULTANT was
not a proximate cause of the damage.
C. The CONSULTANT's performance shall be evaluated by the
SANITATION DISTRICT. A copy of the evaluation shall be sent to the
CONSULTANT for comment. The evaluation, together with the comments,
shall be retained by the SANITATION DISTRICT and may be considered
in future Consultant selection processes.
6. INSURANCE.
A. General.
i. Insurance shall be issued and underwritten by insurance
companies acceptable to the SANITATION DISTRICT.
I. Insurers must have an "A-" Policyholder's Rating, or better, and
Financial Rating of at least Class Vill, or better, in accordance with
the most current A.M. Best's Guide Rating. However, the
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SANITATION DISTRICT will accept State Compensation Insurance
Fund, for the required policy of Worker's Compensation Insurance
subject to the SANITATION DISTRICT's option to require a change
in insurer in the event the State Fund financial rating is decreased
below "B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below
the levels herein specified. Said substitution shall occur within 20
days of written notice to CONSULTANT, by the SANITATION
DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work
under this AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT,
including the period of warranty, Commercial General Liability Insurance
written on an occurrence basis providing the following minimum limits of
liability coverage: $1,000,000 per occurrence with $1,000,000 aggregate.
Said insurance shall include coverage for the following hazards: Premises-
Operations, blanket contractual liability (for this AGREEMENT), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability
and severability of interest clauses. A statement on an insurance
certificate will not be accepted in lieu of the actual additional insured
endorsement(s). If requested by SANITATION DISTRICT and applicable,
XCU coverage (Explosion, Collapse and Underground) must be included
in the General Liability policy and coverage must be reflected on the
submitted Certificate of Insurance.
C. Umbrella Excess Liability:
The minimum limits of general liability and automotive liability insurance
required, as set forth herein, shall be provided for through either a single
policy of primary insurance or a combination of policies of primary and
umbrella excess coverage. Umbrella excess liability coverage shall be
issued with limits of liability which, when combined with the primary
insurance, will equal the minimum limits for general liability and
automotive liability.
D. AutomotiveNehicle liability Insurance:
The CONSULTANT shall maintain a policy of Automotive Liability
insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following
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minimum limits of liability coverage: Combined single limit of$1,000,000
or alternatively, $1,000,000 per person for bodily injury and $1,000,000
per accident for property damage. A statement on an insurance certificate
will not be accepted in lieu of the actual additional insured endorsement.
E. Worker's Compensation Insurance:
The CONSULTANT shall provide such Workers' Compensation Insurance
as required by the Labor Code of the State of California in the amount of
the statutory limit, including Employer's Liability Insurance with a minimum
limit of$1,000,000 per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor
of the SANITATION DISTRICT. A statement on an insurance certificate
will not be accepted in lieu of the actual endorsements unless the
insurance carrier is State of California Insurance Fund and the identifier
"SCIF" and endorsement numbers 2570 and 2065 are referenced on the
certificate of insurance.
F. Errors and Omissions/Professional Liability:
CONSULTANT shall maintain in full force and effect, throughout the term
of this AGREEMENT, standard industry form professional negligence
errors and omissions insurance coverage in an amount of not less than
two million dollars ($2,000,000)with limits in accordance with the
provisions of this Paragraph. If the policy of insurance is written on a "per
claim" basis, said policy shall be continued in full force and effect at all
times during the term of this AGREEMENT, and for a period of five (5)
years from the date of the completion of the services hereunder.
In the event of termination of said policy during this period, CONSULTANT
shall obtain continuing insurance coverage for the prior acts or omissions
of CONSULTANT during the course of performing services under the term
of this AGREEMENT. Said coverage shall be evidenced by either a new
policy evidencing no gap in coverage or by separate extended "tail"
coverage with the present or new carrier.
In the event the present policy of insurance is written on an "occurrence"
basis, said policy shall be continued in full force and effect during the term
of this AGREEMENT or until completion of the services provided for in this
AGREEMENT, whichever is later. In the event of termination of said
policy during this period, new coverage shall be obtained for the required
period to insure for the prior acts of CONSULTANT during the course of
performing services under the term of this AGREEMENT.
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CONSULTANT shall provide to the SANITATION DISTRICT a certificate
of insurance in a form acceptable to the SANITATION DISTRICT
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.
G. Proof of Coverage:
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said
policies and endorsements shall conform to the requirements herein
stated. All certificates and endorsements are to be received and approved
by the SANITATION DISTRICT before work commences. The
SANITATION DISTRICT reserves the right to require complete, certified
copies of all required insurance policies, including endorsements,
Effecting the coverage required, at any time. The following are approved
forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms) CG
2010 10 01 and CG 2037 10 01
All other Additional Insured
endorsements must be submitted for
approval by the SANITATION
DISTRICT, and the SANITATION
DISTRICT may reject alternatives that
provide different or less coverage to the
SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier
(Auto Liability) for the SANITATION DISTRICT
approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
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H. Cancellation Notice:
Each insurance policy required herein shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30)
days' prior written notice. The Cancellation Section of ACORD Form 25
shall state the required thirty (30) days' written notification. The policy
shall not terminate, nor shall it be cancelled, nor the coverage reduced
until thirty (30) days after written notice is given to the SANITATION
DISTRICT except for nonpayment of premium, which shall require not less
than ten (10) days written notice to the SANITATION DISTRICT. Should
there be changes in coverage or an increase in deductible or SIR
amounts, the CONSULTANT and its insurance broker/agent shall send to
the SANITATION DISTRICT a certified letter which includes a description
of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Contracts
Administration, Div. 230, and shall be received by the SANITATION
DISTRICT not less than thirty (30) days prior to the effective date of the
change(s) if the change would reduce coverage or increase deductibles or
SIR amounts or otherwise reduce or limit the scope of insurance coverage
provided to the SANITATION DISTRICT.
I. Primary Insurance:
All liability policies shall contain a Primary and Non Contributory Clause.
Any other insurance maintained by the SANITATION DISTRICT shall be
excess and not contributing with the insurance provided by
CONSULTANT.
J. Separation of Insured:
All liability policies shall contain a "Separation of Insureds' clause.
K. Non-Limiting (if applicable):
Nothing in this document shall be construed as limiting in any way, nor
shall it limit the indemnification provision contained in this AGREEMENT,
or the extent to which CONSULTANT may be held responsible for
payment of damages to persons or property.
L. Deductibles and Self-Insured Retentions:
Any deductible and/or self insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles
and/or self insured retentions require approval by the SANITATION
DISTRICT. At the option of the SANITATION DISTRICT, either: the
insurer shall reduce or eliminate such deductible or self-insured retention
as respects the SANITATION DISTRICT; or the CONSULTANT shall
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provide a financial guarantee satisfactory to the SANITATION DISTRICT
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
M. Defense Costs:
Liability policies shall have a provision that defense costs for all insureds
and additional insureds are paid in addition to and do not deplete any
policy limits.
N. Subconsultants:
The CONSULTANT shall be responsible to establish insurance
requirements for any Subconsultant hired by the CONSULTANT. The
insurance shall be in amounts and types reasonably sufficient to deal with
the risk of loss involving the Subconsultant's operations and work.
7. SCOPE CHANGES.
In the event of a change in the Scope of Work or a change in the proposed
Program, as requested by the SANITATION DISTRICT, the Parties hereto shall
execute an Amendment to this AGREEMENT setting forth with particularity all
terms of the new AGREEMENT, including, but not limited to any additional
CONSULTANT's fees, changes in the period of performance, or modifications to
the Scope of Work. CONSULTANT must obtain written approval from the
SANITATION DISTRICT Project Manager prior to performing any work outside
the approved Scope of Work.
When CONSUTLANT foresees the possibility that any of the Program goals will
not be met, CONSULTANT shall immediately notify the SANITATION DISTRICT
Project Manager to discuss a corrective plan. A corrective plan will be required
for any changes to Attachment "A", Scope of Work, schedule, budget, or level of
quality.
8. PROJECT TEAM AND SUBCONSULTANTS.
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of
this AGREEMENT, the names and full description of all Subconsultants and
CONSULTANT's project team members anticipated to be used on this Program
under this AGREEMENT by CONSULTANT. CONSULTANT shall include a
description of the work and services to be done by each Subconsultant and each
of CONSULTANT's Program team members. CONSULTANT shall include the
respective compensation amounts for CONSULTANT and each Subconsultant
on a per-program-element basis, broken down as indicated in Section 2
(Compensation).
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There shall be no substitution of the listed Subconsultants and CONSULTANT's
program team members without prior written approval by the SANITATION
DISTRICT.
9. AUDIT PROVISIONS.
A. SANITATION DISTRICT retains the reasonable right to access, review,
examine, and audit, any and all books, records, documents and any other
evidence of procedures and practices that the SANITATION DISTRICT
determines are necessary to discover and verify that the CONSULTANT is
in compliance with all requirements under this AGREEMENT. The
CONSULTANT shall include the SANITATION DISTRICT's right as
described above, in any and all of their subagreements, and shall ensure
that these rights are binding upon all Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's
books, records, documents and any other evidence of procedures and
practices that the SANITATION DISTRICT determines are necessary to
discover and verify all direct and indirect costs, of whatever nature, which
are claimed to have been incurred, or anticipated to be incurred or to
ensure CONSULTANT's compliance with all requirements under this
AGREEMENT during the term of this AGREEMENT and for a period of
three (3) years after its termination.
C. CONSULTANT shall maintain complete and accurate records in
accordance with generally accepted industry standard practices and the
SANITATION DISTRICT's policy. The CONSULTANT shall make
available to the SANITATION DISTRICT for review and audit, all Project
related accounting records and documents, and any other financial data
within 15 days after receipt of notice from the SANITATION DISTRICT.
Upon SANITATION DISTRICT's request, the CONSULTANT shall submit
exact duplicates of originals of all requested records to the SANITATION
DISTRICT. If an audit is performed, CONSULTANT shall ensure that a
qualified employee of the CONSULTANT will be available to assist
SANITATION DISTRICT's auditor in obtaining all Program related
accounting records and documents, and any other financial data.
10. LEGAL RELATIONSHIP BETWEEN PARTIES.
The legal relationship between the parties hereto is that of an independent
contractor and nothing herein shall be deemed to transform CONSULTANT, its
staff, independent contractors, or Subconsultants into employees of the
SANITATION DISTRICT. CONSULTANT'S staff performing services under the
AGREEMENT shall at all times be employees and/or independent contractors of
CONSULTANT. CONSULTANT shall monitor and control its staff and pay
wages, salaries, and other amounts due directly to its staff in connection with the
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AGREEMENT. CONSULTANT shall be responsible for hiring, review, and
termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
11. NOTICES.
All notices hereunder and communications regarding the interpretation of the
terms of this AGREEMENT, or changes thereto, shall be effected by delivery of
said notices in person or by depositing said notices in the U.S. mail, registered or
certified mail, return receipt requested, postage prepaid and addressed as
follows:
ORANGE COUNTY SANITATION DISTRICT
P.O. Box 8127
Fountain Valley, CA 92728-8127
Attention: Sarah L. Strader, Senior Contract Administrator
CONSULTANT:
«Company>>
aConsultantsName>>
«Address»
nCityStateZip»
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other OCSD staff must be approved by the OCSD
Project Manager prior to action from the CONSULTANT.
12. TERMINATION.
The SANITATION DISTRICT may terminate this AGREEMENT at any time,
without cause, upon giving thirty (30) days written notice to CONSULTANT. In
the event of such termination, CONSULTANT shall be entitled to compensation
for work performed on a prorated basis through and including the effective date
of termination.
CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)
days written notice only if CONSULTANT is not compensated for billed amounts
in accordance with the provisions of this AGREEMENT, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT at the
address listed in Paragraph 11.
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13. DOCUMENTS AND OUTREACH MATERIALS.
The documents and outreach materials for this Project shall become the property
of the SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, electronic materials, presentations, handouts, and
other materials in its files pertaining to the work described in this AGREEMENT,
which is requested in writing by the SANITATION DISTRICT.
14. COMPLIANCE.
CONSULTANT certifies by the execution of this AGREEMENT that it pays
employees not less than the minimum wage as defined by law, and that it does
not discriminate in its employment with regard to race, color, religion, sex or
national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it
agrees to demonstrate positively and aggressively the principle of equal
opportunity in employment.
15. AGREEMENT EXECUTION AUTHORIZATION.
Both the SANITATION DISTRICT and CONSULTANT do covenant that each
individual executing this document by and on behalf of each Party is a person
duly authorized to execute this AGREEMENT for that Party.
16. DISPUTE RESOLUTION.
In the event of a dispute arising between the parties regarding performance or
interpretation of this AGREEMENT, the dispute shall be resolved by binding
arbitration under the auspices of the Judicial Arbitration and Mediation Service
("JAMS"), or similar organization or entity conducting alternate dispute resolution
services.
17. ATTORNEYS FEES, COSTS AND NECESSARY DISBURSEMENTS.
If any action at law or inequity or if any proceeding in the form of an Alternative
Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees,
costs and necessary disbursements in addition to any other relief to which he
may be entitled.
18. WARRANTY.
CONSULTANT shall perform its services in accordance with generally accepted
industry and professional standards. If, within the 12-month period following
completion of its services, the SANITATION DISTRICT informs CONSULTANT
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that any part of the services fails to meet those standards, CONSULTANT shall,
within the time prescribed by the SANITATION DISTRICT, take all such actions
as are necessary to correct or complete the noted deficiency(ies).
19. INDEMNIFICATION.
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT'S sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld),
protect and hold harmless the SANITATION DISTRICT and all of SANITATION
DISTRICT'S officers, directors, employees, CONSULTANT's, and agents
(collectively the "Indemnified Parties"), from and against any and all claims,
damages, liabilities, causes of action, suits, arbitration awards, losses,
judgments, fines, penalties, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs, and all other professional, expert
or CONSULTANT'S fees and costs and the SANITATION DISTRICT'S general
and administrative expenses; individually, a "Claim"; collectively, "Claims") which
may arise from, pertain to, or relate to any work performed, or any operations,
activities, or services provided by CONSULTANT in carrying out its obligations
under this AGREEMENT to the extent of the negligent, recklessness and/or
willful misconduct of CONSULTANT, its principals, officers, agents, employees,
CONSULTANT'S suppliers, CONSULTANT, subconsultants, subcontractors,
and/or anyone employed directly or indirectly by any of them, regardless of any
contributing negligence or strict liability of an Indemnified Party. Notwithstanding
the foregoing, nothing herein shall be construed to require CONSULTANT to
indemnify the Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified
Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT'S supplier, CONSULTANT, subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to
the fullest extent permitted by law, indemnify the Indemnified Parties, from
Claims arising from more than one cause if any such cause taken alone would
otherwise result in the obligation to indemnify hereunder.
CONSULTANT'S liability for indemnification hereunder is in addition to any
liability CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this AGREEMENT. Under no
circumstances shall the insurance requirements and limits set forth in this
AGREEMENT be construed to limit CONSULTANT'S indemnification obligation
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or other liability hereunder. The terms of this AGREEMENT are contractual and
the result of negotiation between the parties hereto. Accordingly, any rule of
construction of contracts (including, without limitation, California Civil Code
Section 1654)that ambiguities are to be construed against the drafting party,
shall not be employed in the interpretation of this AGREEMENT.
20. DUTY TO DEFEND.
The duty to defend hereunder is wholly independent of and separate from the duty
to indemnify and such duty to defend shall exist regardless of any ultimate liability
of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such
defense obligation shall arise immediately upon presentation of a Claim by any
person if, without regard to the merit of the Claim, such Claim could potentially
result in an obligation to indemnify one or more Indemnified Parties, and upon
written notice of such Claim being provided to CONSULTANT. Payment to
CONSULTANT by any Indemnified Party or the payment or advance of defense
costs by any Indemnified Party shall not be a condition precedent to enforcing such
Indemnified Party's rights to indemnification hereunder. In the event a final
judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any
extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs
of defending the Indemnified Parties against such claims.
CONSULTANT'S indemnification obligation hereunder shall survive the
expiration or earlier termination of this AGREEMENT until such time as action
against the Indemnified Parties for such matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
21. CLOSEOUT.
When the SANITATION DISTRICT determines that all Work authorized under the
AGREEMENT is fully complete and that the SANITATION DISTRICT requires no
further work from CONSULTANT, or the AGREEMENT is otherwise terminated
or expires in accordance with the terms of the AGREEMENT, the SANITATION
DISTRICT shall give the Consultant written notice that the AGREEMENT will be
closed out. CONSULTANT shall submit all outstanding billings, work submittals,
deliverables, reports or similarly related documents as required under the
AGREEMENT within thirty (30) days of receipt of notice of AGREEMENT
closeout.
Upon receipt of CONSULTANT'S submittals, the SANITATION DISTRICT shall
commence a closeout audit of the AGREEMENT and will either:
I. Give the CONSULTANT a final AGREEMENT Acceptance: or
RFP -ATTACHMENT E PSA-2013-568
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ii. Advise the CONSULTANT in writing of any outstanding item or items
which must be furnished, completed, or corrected at the CONSULTANT'S
cost.
Notwithstanding the final AGREEMENT acceptance, the CONSULTANT will not
be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of
its obligations to complete any portions of the work, the non-completion of which
were not disclosed to the SANITATION DISTRICT (regardless of whether such
nondisclosures were fraudulent, negligent, or otherwise), and the CONSULTANT
shall remain obligated under all those provisions of the AGREEMENT which
expressly or by their nature extend beyond and survive final AGREEMENT
Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT'S request for final AGREEMENT Acceptance as set forth above
shall not be deemed to be an acceptance of the work by the SANITATION
DISTRICT for any purpose nor imply acceptance of, or AGREEMENT with, the
Consultant's request for final AGREEMENT Acceptance.
22. ENTIRE AGREEMENT.
This AGREEMENT constitutes the entire understanding and AGREEMENT
between the Parties and supersedes all previous negotiations between them
pertaining to the subject matter thereof.
RFP -ATTACHMENT E PSA-2013-568
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IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the
SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT
as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Clerk of the Board Date
«Company»
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing Manager
XX:xx
EDMS:OOXXXXXXX
Attachments
Attachment"A" Scope of Work
Attachment"B" Schedule of Fees
Attachment"C' Allowable Direct Costs
RFP -ATTACHMENT E PSA-2013-568
Revision 05/23/12
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OPERATIONS COMMITTEE Neetlng pate TOBA.Of DIl.
071031 07/24/13
AGENDA REPORT Item Number Item Number
4
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
CIP Project Manager: Jeff Mohr
SUBJECT: CENGEN EMISSIONS CONTROL, PROJECT NO. J-111
GENERAL MANAGER'S RECOMMENDATION
Approve a contingency increase of $59,661 (3%) to the Professional Design Services
Agreement with Black & Veatch Corporation for CenGen Emissions Control,
Project No. J-111, for a total contingency of$ 258,529 (13%).
SUMMARY
This project will provide new emissions reduction systems for the central generation
engines at both plants. In addition, as part of the Scope of Work, the Consultant
evaluated existing heat recovery facilities at both plants to identify measures that would
increase efficiency. Based on that study, a decision was made to implement two heat
recovery elements as part of the construction project in order to realize life-cycle cost
savings beyond the initial capital cost.
The two elements included automating an existing chiller that uses excess steam from
the engines at Plant No. 2 to provide air conditioning for the administration complex at
Plant No. 1, and installation of a steam converter at Plant No. 2 that will reduce the
need to purchase natural gas for digester heating.
In addition, a cost-savings idea was identified following the preliminary design that will
reduce both construction and long-term maintenance costs by reducing the size of
platforms required. The initial capital cost savings alone could be as much as
$500,000.
As a result of these changes, additional contingency is required to allow for unexpected
changes prior to completion of the design.
PRIOR COMMITTEE/BOARD ACTIONS
May 2012 - Approved a Professional Design Services Agreement with the Black &
Veatch Corporation for engineering design services for Central Generation Emissions
Control at Plant No. 1 and Plant No. 2, Project No. J-111, for an amount not to exceed
$1,988,683 and approved a contingency of $198,868 (10%).
Page 1 of 2
ADDITIONAL INFORMATION
None.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted (FY2013-14 Update, Page A-10) and the
budget is sufficient to cover the additional contingency requested.
Date of ADDroval Contract Amount Continnencv
05/23/12 $1,988,683 $198,868 (10%)
07/24/13 $ 59,661 (3%)
$258,529(13%)
ATTACHMENTS
None.
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OPERATIONS COMMITTEE Neeenyoate TOBd 0/1Di,.
07/031 07/24/13
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
Engineering Manager: Mark Esquer, P.E., Facilities Support Services
SUBJECT: MANHOLE FRAME & COVER REPLACEMENT,
SPECIFICATION NO. S-2013-569
GENERAL MANAGER'S RECOMMENDATION
A. Award a Service Contract to Ayala Engineering for Manhole Frame and Cover
Replacement, Specification No. S-2013-569, for a total annual amount not to
exceed $256,950 for the period July 1, 2013 through June 30, 2014, with four
one-year renewal options; and,
B. Approve a contingency of$25,695 (10%).
SUMMARY
This contract is for replacing and/or adjusting approximately 150 manhole frames and
covers located throughout Orange County Sanitation District's (OCSD) service area.
This work typically involves raising the manhole frames and covers to new street
surface elevation after paving projects have added a layer of asphalt. It also includes
replacing manhole frames and covers that are corroded, damaged, or need surface
improvements such as a concrete collar for the safe and adequate use of a tripod for
use in confined space entry. Additionally, the contract includes coating the top section
of the concrete manhole structure, as needed, to prevent future corrosion.
OCSD developed specifications and advertised for bids on March 25, 2013. Bids were
evaluated in accordance with OCSD Policy and Procedure. Ayala Engineering was
deemed lowest responsive, responsible bidder. Staff recommends an award to Ayala.
Engineer's Estimate $242,000
Bidder Amount of Bid
Ayala Engineering $256,950
All American Asphalt $311,954
Paulus Engineering, Inc. $502,870
Manhole Adjusting Inc. $708,000
PRIOR COMMITTEE/BOARD ACTIONS
None.
R.O.OW
Page 1
ADDITIONAL INFORMATION
Approximately 90 percent of the manholes are located in city or county streets. The
work will be performed with the coordination of appropriate traffic control measures
which adhere to specified OCSD safety standards, as well as the traffic control
requirements of the jurisdictions where these manholes are located. Approximately 10
percent of the manholes are located in easements where OCSD has public utility
access rights and will, most likely, not require any traffic control.
CEQA
A Notice of Exemption was filed for this work on June 7, 2013. The work is categorically
exempt from CEQA under section 15301 Existing Facilities, class 1 (b) — repair and
maintenance of existing facilities of both investor and publicly owned utilities used to
provide electric power, natural gas, sewerage, or other public utility services.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This recommendation complies with authority levels of the OCSD Delegation of
Authority. There are sufficient funds in the budget to cover the requested service. This
item is budgeted under Division 344, line item 90, object 53180, Other Contractual
Services, $1,420,000.
Date of ADDroval Contract Amount Contingency
7/24113 $256,950 $25,695(10%)
ATTACHMENTS
None
ME:DF:eh:pe
Page 2
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
07/03/13 07/24/13
AGENDA REPORT Item Number Item Number
fi
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
CIP Project Manager: Umesh Murthy
SUBJECT: HEADWORKS IMPROVEMENTS AT PLANT NO. 2,
PROJECT NO. P2-66
GENERAL MANAGER'S RECOMMENDATION
Approve a contingency increase of $499,970 (0.26%) to the construction contract with
J.F. Shea Construction, Inc. for Headworks Improvements at Plant No. 2, Project
No. P2-66, for a total contingency of$7,230,333 (3.76%).
SUMMARY
This project replaces the 50-year old headworks facilities at Plant No. 2 with a new
headworks facility including all of the support facilities. The new facilities are now
operational and physical construction is complete. Final resolution of all pending
administrative items and change orders must be complete prior to project closeout.
The project began construction in September 2005 with the first portion of the facility
coming online in January 2012. In October 2012, the change order contingency was
increased to account for significant changes during construction and to anticipate
potential risks with the remaining construction.
During the construction and diversion of the large pipelines and the commissioning of
the new headworks facility, several items were discovered that required additional work
to complete. These relate to the temporary flow diversion piping, demolition and/or
relocation of unknown utilities, and additional electrical work that were not anticipated.
This additional work is estimated at $499,970 and the approved contingency of 3.5% is
insufficient to cover costs for these changes. The requested contingency increase does
not impact the overall project budget.
After the proposed change order contingency is approved, the change items will be
negotiated and a final change order will be requested for approval pursuant to Board
Resolution OCSD 07-04, Delegation of Authority.
PRIOR COMMITTEE/BOARD ACTIONS
October 2012 - Approved a contingency increase of$1,922,961 (1%)to the construction
contract with J.F. Shea Construction, Inc. for Headworks Improvements at Plant No. 2,
Project No. P2-66, for a total contingency of$6,730,363 (3.5%).
Page 1 of 2
April 2007 - Approved a 2.5% contingency for change orders ($4,807,402) for
Headworks Improvements at Plant No. 2, Project No. P2-66.
May 2005 - Approved Plans and Specifications, and awarded construction contract to
J.F. Shea Construction, Inc., for an amount not to exceed $192,296,073.
ADDITIONAL INFORMATION
Over the last 18 months, this project completed a very difficult construction sequence
resulting in unavoidable change order costs to mitigate significant construction issues
and risks. This sequence included diverting the flow in each one of the large pipelines
that carry wastewater through existing headworks facility over to the new headworks
facility. Additional temporary measures were needed to mitigate risks in managing the
flow between the two facilities with elevated plant flows over a rainy season while
having pipelines out of service for construction. This work sequence also included the
demolition of the existing headworks facilities in one of the oldest areas of the plant and
additional costs resulted from discovery of several unknown utilities, extensive debris
removal, and hazardous materials removal. The project was declared to be complete
on May 17, 2013.
Project teams from both the Orange County Sanitation District (Sanitation District) and
J.F. Shea Construction, Inc. worked together to mitigate issues and anticipate cost
impacts. Despite this, the Contractor submitted several unanticipated Requests for
Change (RFC) that Sanitation District staff agrees have merit and require resolution
prior to the final closeout of the contract. The approved contingency of 3.5% is
insufficient for these additional requested change amounts and an additional
contingency of $499,970 (0.26%) is being requested for a total project contingency of
$7,230,333 (3.76%). There is no change to the overall project budget.
CEQA
This project was included in the Final Subsequent Environmental Impact Report for the
Treatment Plant No. 2 Headworks Replacement Project, dated April 2004, prepared by
Environmental Science Associates (ESA), certified on April 28, 2004. A Notice of
Determination was filed on April 30, 2004.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted (FY2013-14 Update, Page A-9) and the budget
is sufficient for the item requested.
Date of ADDroval Contract Amount Contlnoencv
05/25/05 $192,296,073 $4,807,402 (2.5%
10/27/10 $1,922,961 (1.0%)
07/24/13 $ 499,970 (0.26%)
$7,230,333 (3.76%)
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Page 2 of 2
OPERATIONS COMMITTEE Neebng pate To ad.of W.
07,03/13 --
AGENDA REPORT Item Number Item Number
7
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Administrative Services
Information Technology Manager: Richard Castillon
Engineering Manager: David Halverson
SUBJECT: MAXIMO ASSET MANAGEMENT SYSTEM IMPLEMENTATION
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Staff will present an informational overview of the Maximo Asset Management software
implementation for replacement of the current Computerized Maintenance Management
System (CMMS).
PRIOR COMMITTEE/BOARD ACTIONS
May 2012 — Approved the Maximo Phase 2 implementation, migrate inventory, and
receiving functions into Maximo.
October 2011 —Approved the Maximo Phase 1 implementation, needs assessment.
ADDITIONAL INFORMATION
The Orange County Sanitation District is installing Maximo, a new asset management
system. This is a large enterprise software installation and is being awarded and
performed in phases. The next phase replaces the current CMMS. Staff will provide an
overview of the project and describe the benefits Operations and Maintenance will
achieve in using the new system.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
None.
Page 1 of 1
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOO Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
OOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
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.
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.
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
farm land 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 (DR) — the dilution at which the majority of the people detect the odor
becomes the D(f for that air sample.
Greenhouse gases — 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 (GWR) System — 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 the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NOMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) 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. Combined sewers carry both wastewater and urban run-off.
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.
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.