HomeMy WebLinkAbout02-07-2018 Operations Committee Meeting Agenda Packet Orange County Sanitation District Wednesday, February 7, 2018
Regular Meeting of the 5:00 P.M.
OPERATIONS COMMITTEE t
Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's
Form(located at the table outside of the Board Room)and submit it to the Clerk of the Board ornotify the Clerk
of the Board the item number on which you want to speak. Speakers will be recognized by the Chairman and
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: The Consent Calendar Items are considered routine and will be enacted, by
the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for
separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the December 6, 2017 Operations
Committee Meeting.
2. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres)
RECOMMENDATION: Receive and file the Fiscal Year 2017/18 Second Quarter
Odor Complaint Summary.
3. ANNUAL MANHOLE REHABILITATION SERVICES CONTRACT
(Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Service Contract for Specification No. S-2017-89513D, annual
manhole rehabilitation services, to Ayala Engineering, for a total amount not to
02/07/2018 Operations Committee Agenda Page 1 of 4
exceed $266,945 for the period beginning April 1, 2018 through
March 31, 2019, with four one-year renewal options; and
B. Approve a contingency of$40,042 (15%).
4. PLANT NO. 1 ACTIVATED SLUDGE AERATION DIFFUSER MEMBRANE
REPLACEMENT REPAIR (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order Contract to ICA Construction Inc. to provide
rehabilitation services for up to six (6) Aeration Basins at Plant No. 1,
Specification No. S-2017-875BD, for a total amount not to exceed $232,001;
B. Approve a contingency of$46,400 (20%); and
C. Approve a Sole Source Purchase Order to DC Frost Associates Inc. (exclusive
representative for Xylem Sanitaire) for the required mechanical parts for three
(3) Aeration Basins at Plant No. 1, for a total amount not to exceed $106,098.
5. INCREASE TO PURCHASE ORDER FOR ACCESS WAY MAINTENANCE &
REPAIR, SPECIFICATION NO. S-2017.857 (Ed Torres)
RECOMMENDATION: Approve an increase with Excel Door & Gate Company for
preventative and corrective maintenance repairs, Specification No. S-2017-857, for
the period July 1, 2017 through June 30, 2018, for an additional amount of $50,000,
increasing the total amount not to exceed $140,000.
6. HOSE REEL TRAILER FOR TEN-INCH PUMPS (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award the purchase of 2,640 feet of twelve-inch lay flat sewer hose with mobile
hose reel trailer to West Coast Safety Supply, for a total cost of$295,704; and
B. Approve a contingency amount of$29,570 (10%).
7. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Receive and file
the Capital Improvement Program Contract Performance Report forthe period ending
December 31, 2017.
02/07/2018 Operations Committee Agenda Page 2 of 4
8. SECOND AMENDMENT TO THE 1972 WASTEWATER INTERCEPTOR
CAPACITY AGREEMENT DATED APRIL 12, 1972 TO MODIFY THE
COST-SHARING REACH DEFINITIONS FOR THE NEW PIPING SEGMENTS
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a Second
Amendment to the Wastewater Interceptor Capacity Agreement dated April 12, 1972,
between Orange County Sanitation District and Santa Ana Watershed Project
Authority to modify the cost-sharing reach designations for the newly installed pipe
and metering station.
9. CONTRACTING AQUATIC BIOASSAY & CONSULTING LABORATORIES, INC.
FOR TAXONOMIC SERVICES (Jim Colston)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a service contract to Aquatic Bioassay & Consulting Laboratories, Inc.,
Specification No. S-2017-881, to provide taxonomic services, specifically
infauna sample sorting and echinoderm (e.g., sea stars) taxonomic
identification, for a total amount not to exceed $190,630, for the period
March 1, 2018 through February 28, 2019, with four (4) one-year renewal
options; and
B. Approve a contingency of$19,063 (10%).
NON-CONSENT:
10. SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT
PLANT NO. 1, PROJECT NO. FE15-07 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a construction contract to Helix Electrical, Inc. for Secondary Treatment
and Plant Water VFD Replacement at Plant No. 1, Project No. FE15-07, for a
total amount not to exceed $1,797,000; and
B. Approve a contingency of$179,700 (10%).
11. PROCESS CONTROL SYSTEMS UPGRADES STUDY, PROJECT NO. SP-196
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement with Stantec Consulting Services,
Inc.to provide engineering services for the Process Control Systems Upgrades
Study, Project No. SP-196, for an amount not to exceed $1,398,866; and
B. Approve a contingency of$139,887 (10%).
02/07/2018 Operations Committee Agenda Page 3 of 4
INFORMATION ITEMS:
12. BATTERY STORAGE SYSTEM AT PLANT NO. 1, PROJECT NO. FE17-03
(Rob Thompson)
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, March 7, 2018
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)593-7433 at
least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of
accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has
been posted outside the main gate of the 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. Al 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.
Aaenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any
action which is deemed appropriate.
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.
Kelly A. Lore
Clerk of the Board
(714)593-7433
klore0ocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbero(ti),ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(o)ocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomuson(docsd.com
Director of Environmental Jim Colston (714)593-7450 icolstonCa�ocsd.com
Services
Director of Operations& Ed Tortes (714)593-7080 etomesAocsd.com
Maintenance
02/07/2018 Operations Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, December 6, 2017, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee Chair
Withers on Wednesday, December 6, 2017 at 5:04 p.m. in the Administration Building.
Director Bernstein led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
John Withers, Chair Jim Herberg, General Manager
Ellery Deaton, Vice-Chair Bob Ghirelli, Assistant General Manager
Denise Barnes Jim Colston, Director of Environmental Services
Allan Bernstein Rob Thompson, Director of Engineering
Robert Collacott Ed Torres, Director of Operations & Maintenance
Phil Hawkins Lorenzo Tyner, Director of Finance &
Richard Murphy Administrative Services
Tim Shaw Tina Knapp, Deputy Clerk of the Board
Fred Smith Cindi Ambrose
Mariellen Yarc Bob Bell
Greg Seboum, Board Chair Jennifer Cabral
David Shawver, Board Vice-Chair Don Cutler
Mike Dorman
COMMITTEE MEMBERS ABSENT: Dean Fisher
Steve Jones Alfredo Garcia
Michelle Steel Tom Grant
Kathy Millea
Jeff Mohr
Ddaze Phuong
Tyler Ramirez
Jim Spears
Mike White
Eros Yong
OTHERS PRESENT:
Brad Hogin, General Counsel
Bob Ooten, Alternate Director (CMSD)
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
Committee Chair Withers did not provide a report.
12/06/2017 Operations Commktee Minutes Page 1 of 7
REPORT OF GENERAL MANAGER:
General Manager Jim Herberg advised the Committee that OCSD received a mutual aid
request from the Casitas Municipal Water District asking for the loan of a one megawatt
generator to assist with the fires in Los Angeles and Ventura counties. Staff is currently
determining if OCSD is able to assist.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. and DULY CARRIED TO: Approve Minutes of the
November 1, 2017 Operations Committee Meeting.
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
2. ANNUAL CCTV CONTRACT WITH FOUR ADDITIONAL RENEWALS TO
COMPLY WITH SSMP REQUIREMENTS (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award Service Contracts for annual CCTV Sewer Inspection Services to
two (2) contractors; Hoffman Southwest Corp. (Primary) and Performance
Pipeline Technologies (Secondary), for a total amount not to exceed
$350,000 for the period February 1, 2018 through January 31, 2019, with
four (4) one-year renewal options; and
B. Approve a contingency of$35,000 (10%).
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
3. FLEET VEHICLE PROCUREMENT THROUGH COOPERATIVE
PROCUREMENT WITH NATIONAL AUTO FLEET GROUP (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve the purchase of ten (10)vehicles as listed below using the National
Joint Powers Alliance (NJPA) cooperative Contract Number 120716-NAF
12/06/2017 Operations committee Minutes Page 2 of 7
with National Auto Fleet Group for a total amount not to exceed $286,809
in accordance with Ordinance No. OCSD-47, Section 2.03(B), Cooperative
Purchases:
1. Five (5) new/unused 2018 Ford F-150 (X1C) XL 2WD SuperCab 8'
Box$149,813.49;
2. Three (3) new/unused 2018 Ford C-Max Hybrid (P5A) SE FWD
$79,040.79;
3. One (1) new/unused 2018 Ford Fusion Energi (POP) SE FWD
$32,667.96;
4. One (1) new/unused 2018 Ford Transit Connect Van (S6E)XL SW B
with Rear Symmetrical Doors $25,286.82; and
B. Approve a contingency of$7,170 (2.5%).
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
4. PURCHASE OF SIX VAPEX SENTINEL S4 UNITS (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a sole source Purchase Order to VAPEX ENVIRONMENTAL
TECHNOLOGIES for six VAPEX Sentinel S4 units (three units for Plant No.
1 and three units for Plant No. 2)for a total amount not to exceed $290,636;
and
B. Approve a contingency of$14,532 (5%).
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
This Item was pulled from consideration.
:AMEI VE INCH HOSE REEL AND TRAILER (Ed Tnrrnn\
MOVED, SECONDED and DULY GARRICI) TO, 0......FFFAIRREI to the RARP.l Of
DireetOPS II
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�-IQHA *ail-F 40 Oiest Geast Safety Supply Ga., IRG. feF a tetal seat a
S. Annrnvn n nnfingnnrma a ant of COD 000 (-110%)
12/06/2017 Operations Committee Minutes Page 3 of 7
6. TIFFANY PUMP STATION ODOR CONTROL FACILITY (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to: Approve a Site Access and License Agreement with the Garden
Grove Sanitary District (GGSD) to allow utilization of an odor control chemical
dosing station and injection of chemicals into the Miller-Holder Interceptor at 12782
Bailey Street in the city of Garden Grove, in a form approved by Special Counsel.
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
7. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126
(Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a Construction Contract to AMTEK Construction for the Safety
Improvements Program, Contract No. J-126 A and H, for a total amount not
to exceed $452,757; and
B. Approve a contingency of$45,276 (10%).
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
8. EDINGER PUMP STATION REHABILITATION STUDY (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Services Agreement with Lockwood, Andrews &
Newnam, Inc.,to provide engineering services for the Edinger Pump Station
Rehabilitation Study, Project No. PS15-02, for an amount not to exceed
$505,042; and
B. Approve a contingency of$50,504 (10%).
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
12;06,2017 Operations Committee Minutes Page 4 of 7
NON-CONSENT CALENDAR:
9. BAY BRIDGE PUMP STATION AND FORCE MAINS REPLACEMENT
PROJECT, PROJECT NO. SP-178 (Rob Thompson)
Committee Chair Withers indicated that a revised Agenda Report and Resolution
No. OCSD 17-XX are provided as Late Communication materials tonight. An
additional attachment, Statement of Facts and Findings, is also provided as Late
Communication. Director of Engineering Rob Thompson provided background
information pertaining to this item.
MOVED. SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Consider, receive, and file the Final Environmental Impact Report for the
Bay Bridge Pump Station and Force Mains Replacement Project, Project
No. SP-178, dated December 2017; and
B. Adopt Resolution No. OCSD 17-XX, entitled: "A Resolution of the Board of
Directors of the Orange County Sanitation District Adopting the
Environmental Impact Report for the Bay Bridge Pump Station and Force
Mains Replacement Project, Project No. SP-178; Adopting the Mitigation
Monitoring and Reporting Program; and Approving the Bay Bridge Pump
Station and Force Mains Replacement Project, Project No. SP-178"
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
10. 2017 FACILITIES MASTER PLAN (Rob Thompson)
Committee Chair Withers indicated that a revised Executive Summary(an Agenda
Report attachment) is provided as Late Communication material tonight.
Engineering Manager Kathy Millea indicated color versions of the Executive
Summary are available tonight and that the Facilities Master Plan is available
should any Director wish to review these materials. Ms. Millea proceeded to
provide an informative PowerPoint presentation that included an overview of the
Facilities Master Plan process, highlights of the 2017 Plan, 20-Year Capital
Improvement Program approach, 2017 flow projections, aging infrastructure,
collections projects, and cashflow projection.
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to: Adopt Resolution No. OCSD 17-XX entitled, "A Resolution of the
Board of Directors of the Orange County Sanitation District Adopting the 2017
Facilities Master Plan as the Orange County Sanitation District's New Master Plan
for Future Capital Planning and Repealing Resolution No. OCSD 09-18:'
12/06/2017 Operations Committee Minutes Page 5 of 7
AYES: Barnes, Bernstein, Collacott, Deaton, Hawkins, Murphy,
Seboum, Shaw, Shawver, F. Smith, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: S. Jones and Steel
INFORMATION ITEMS:
11. ORANGE COUNTY SANITATION DISTRICT RATE PROGRAM
(Lorenzo Tyner)
Director of Finance and Administrative Services Lorenzo Tyner provided a
PowerPoint presentation that provided an overview of the preparation and analysis
done pertaining to the rate study, information on what generates revenue, a
comparison of single family residential rates, information regarding general user
fees and high strength dischargers, capital facilities capacity charge information,
connection fee charges, rebates and refunds, and the adoption schedule.
Mr. Tyner distributed a page of the budget pertaining to Consolidated Cash Flow
Projections.
12. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE
REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson)
Mr. Thompson provided a PowerPoint presentation regarding this item that
included an overview of the project elements, Plant No. 1 perimeter security and
utilities, Plant No. 1 north demolition and site improvements and south demolition,
headquarters complex timeline, and next steps.
Committee Chair Withers departed the meeting at 5:45 p.m, and Committee Vice-Chair
Deaton presided over the balance of the meeting.
DEPARTMENT HEAD REPORTS:
Mr. Thompson reported that, while replacing pipe in the City of Newport Beach, an
unknown condition was encountered which will create unexpected work and costs. To
accommodate the unanticipated costs, staff will be seeking an increase to the
contingency for this project, Project No. 6-17, at the December Board meeting.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
Board Chair Sebourn reminded the Committee of the importance of having a working
knowledge of OCSD to aid in the decision-making process and encouraged taking a tour
12/06/2017 Operations Committee Minutes Page 6 of 7
of both Plant Nos. 1 and 2 before the December 20 Board meeting. Committee
Vice-Chair Deaton thanked staff for a wonderful State of the District event.
ADJOURNMENT
Committee Vice-Chair Deaton declared the meeting adjourned at 6:01 p.m. to the next
scheduled meeting of Wednesday, February 7, 2018 at 5:00 p.m.
Submitted by,
Tina Knapp, CMC
Deputy Clerk of the Board
12/06/2017 Operations Committee Minutes Page 7 of 7
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
020,18 —
AGENDA REPORT IWm Number Item Number
z -
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: QUARTERLY ODOR COMPLAINT REPORT
GENERAL MANAGER'S RECOMMENDATION
Receive and file the Fiscal Year 2017/18 Second Quarter Odor Complaint Summary.
BACKGROUND
During the 2nd quarter of Fiscal Year 2017/18, Orange County Sanitation District had the
following attributable odor complaints: Plant No. 1 received one odor complaint, Plant
No. 2 had no odor complaints, and the collections system had two odor complaints. A
brief summary of the odor complaints, with a table tracking the history, is included as an
attachment.
RELEVANT STANDARDS
• Zero odor incidents/events under normal operating conditions for Plant
Nos. 1 and 2
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
• 12 or fewer odor complaints per year under normal operating conditions in the
collections system
ATTACHMENT
The following attachment is included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Fiscal Year 2017/18 Second Quarter Odor Complaint Summary
Page 1 of 1
Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2017/18 — 2n1 Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received one attributable odor complaint during the 2nd quarter. The odor complaint was
caused by exceeding chemical usage in one of the scrubbers. The chemical setting was adjusted to
prevent chemical overdosing and further complaints.
2. Plant No. 2 Treatment Facility Odor Complaint Summary
Plant No. 2 received no attributable odor complaints during the 2nd quarter.
3. Collections Facilities Odor Complaint Summary
The collections system received two attributable odor complaints during the 2nd quarter. Both
complaints occurred in the city of Costa Mesa. One odor complaint was caused by poor condensate
pumping in an air jumper, which caused pressurization and ventilation of foul odors.
Pump/compressor repairs were expedited to prevent any additional odor complaints. The second
odor complaint was caused by sewer ventilation from a manhole close to the resident's backyard.
The manhole was sealed to reduce sewer odor and prevent any further complaints.
All Odor Complaints Tracking
2nd Qtr 151 Qtr Cumulative
Oct. 2017 to Dec. 2017 FY FY FY 17/18
17/18 17/18
All Public Collections P1 P2 Total
Complaints
Attributable 2 1 0 3 2 5
to OCSD
Not
Attributable 10 3 2 15 11 26
to OCSD
Total Public
Complaints 12 4 2 18 13 31
Received:
OPERATIONS COMMITTEE Meeting Date TOBd.Of Dir.
02�07116 o2/ze�ia
AGENDA REPORT emNumber Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: ANNUAL MANHOLE REHABILITATION SERVICES CONTRACT
GENERAL MANAGER'S RECOMMENDATION
A. Award a Service Contract for Specification No. S-2017-8956D, annual manhole
rehabilitation services, to Ayala Engineering, for a total amount not to exceed
$266,945 for the period beginning April 1, 2018 through March 31, 2019, with four
one-year renewal options; and
B. Approve a contingency of$ 40,042 (15%).
BACKGROUND
Sewer inspection and condition assessment are two of the Orange County Sanitation
District's (Sanitation District) major preventive maintenance tasks that are listed in the
Sanitation District's Sewer System Management Plan (SSMP). The Sanitation District
has committed to property maintaining, rehabilitating, and replacing collection assets.
This program includes the rehabilitation of sewer manholes throughout the collections
system on an as-needed basis.
RELEVANT STANDARDS
• Maintain a proactive asset management program
• Protection of Orange County Sanitation District assets
PROBLEM
The previous manhole rehabilitation contract expired in December 2017 and did not have
any remaining renewals. The Sanitation District bid an annual contract, with provisions
for four renewals.
PROPOSED SOLUTION
Award a new manhole rehabilitation contract with four (4)optional renewals to the lowest
responsive and responsible bidder.
Page 1 of 2
TIMING CONCERNS
There are no timing concerns; however, the current contract has lapsed and the
Sanitation District requires a Contractor to perform this annual work.
RAMIFICATIONS OF NOT TAKING ACTION
If no action is taken at this time,there should not be adverse situations to place Sanitation
District facilities at risk; however, the current contract has lapsed and a Contractor is
needed due to the amount of work that is completed each year.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District issued a Notice Inviting Bid in November of 2017. Two (2) bids
were received as follows:
Ayala Engineering $266,945
Sancon Engineering $288,500
Ayala Engineering was found to be the lowest responsive and responsible bidder;
therefore, staff recommends awarding to this company.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Budget Update FY17-18. Line item: Collections
Facilities. Section Appendix, Page A-5). Project contingency funds will be used for this
contract.
Date of AUDrOVaI Contract Amount Contingency
02/28/2018 $266,945 $40,042 (15%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
• Service Contract
Page 2 d 2
SERVICE CONTRACT
Manhole Rehabilitation Services
Specification No. S-2017-895BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and Ayala Engineering with a
principal place of business at 8482 East Meadowridge Street, Anaheim, CA 92808 (hereinafter
referred to as "Contractor")collectively referred to as the"Parties".
WITNESSETH
WHEREAS, OCSD desires to temporarily retain the services of Contractor for Manhole
Rehabilitation Services "Services" as described in Exhibit"A"; and
WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No.
OCSD-47; and
WHEREAS, on February 28, 2018, the Board of Directors of OCSD, by minute order, authorized
execution of this Contract between OCSD and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish
such Services,
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows:
1. Introduction
1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and the
Contractor. The terms and conditions herein exclusively govern the purchase of Services
as described in Exhibit"A".
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as
though fully set forth at length herein. Exhibits to this Contract are as follows in order of
precedence:
Exhibit"A" Scope of Work
Exhibit"B" Bid Price Form
Exhibit"C" Acknowledgement of Insurance Requirements
Exhibit"D" OCSD Safety Standards
Exhibit"E" Not Used
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any
of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects
govern and control.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not affect
the meaning or interpretation of this Contract or any paragraph or provision hereof.
Orange County Sanitation District 1 of 9 Specification No. S-2017-895BD
Version 052217
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit"A".
1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Contractor as a result of work performed in
anticipation of purchases of said services by OCSD.
2. Compensation Compensation to be paid by OCSD to Contractor for the Services provided
under this Contract shall be a total amount not exceed Two Hundred Sixty-Six Thousand
Nine Hundred Forty-Five Dollars ($266,945.00).
3. California Department of Industrial Relations(DIR)Registration and Record of Wailes
3.1 To the extent Contractors employees and/or its subcontractors who will perform Work
during the design and preconstruction phases of a construction contract for which Prevailing
Wage Determinations have been issued by the DIR and as more specifically defined under
Labor Code Section 1720 at seq, Contractor and its subcontractors shall comply with the
registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall
comply with all the provisions of Labor Code Section 1776, and shall submit payroll records
to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress
payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a
copy of all certified payroll records to OCSD and/or general public upon request, provided
the public request is made through OCSD, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement of the Department of Industrial Relations.
3.4 The Contractor and its subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(e).
4. Payments and Invoicing
4.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD's Project
Manager or designee, of itemized invoices submitted for Services completed in accordance
with Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether
the Services have been satisfactorily completed.
4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at
APStaff(ccDOCSD.com and "INVOICE" with the Purchase Order Number and Specification
No. S-2017-895BD shall be referenced in the subject line.
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5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of
three (3) years after its termination, OCSD shall have access to and the right to examine
any directly pertinent books, documents, and records of Contractor relating to the invoices
submitted by Contractor pursuant to this Contract.
6. Scone of Work Subject to the terms of this Contract, Contractor shall perform the Services
identified in Exhibit"A". Contractor shall perform said Services in accordance with generally
accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing
and signed by both Parties.
8. Contract Term The Services provided under this Contract shall be completed within three
hundred sixty-five (365)calendar days effective April 1, 2018.
9. Renewals
9.1 OCSD may exercise the option to renew this Contract for up to four (4) one-year periods
based upon the criteria set forth in Exhibit "A", under the terms and conditions contained
herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew.
9.2 This Contract may be renewed by OCSD Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed
by both Parties.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination
12.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate.
Upon receipt of a termination notice,Contractor shall immediately discontinue all work under
this Contract(unless the notice directs otherwise). OCSD shall thereafter, within thirty (30)
days, pay Contractor for work performed (cost and fee)to the date of termination.Contractor
expressly waives any claim to receive anticipated profits to be earned during the
uncompleted portion of this Contract. Such notice of termination shall terminate this
Contract and release OCSD from any further fee, cost or claim hereunder by Contractor
other than for work performed to the date of termination.
12.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination
that Contractor is not complying with the Scope of Work requirements, if the level of service
is inadequate, or any other default of this Contract.
12.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written
notice to Contractor:
• if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
• if Contractor sells its business; or
• if Contractor breaches any of the terms of this Contract; or
• if total amount of compensation exceeds the amount authorized under this Contract.
12.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor
to OCSD upon demand, or at the termination of this Contract, whichever occurs first.
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13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed Acknowledgement of Insurance Requirements
(attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence
work under this Contract until all required insurance is obtained in a form acceptable to
OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a
subcontract until all insurance required of the subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract.
14. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may
arise out of or be caused by Contractor's services under this Contract, or by its
subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether
such damage or injury shall accrue or be discovered before or after the termination of the
Contract. Except as to the sole active negligence of or willful misconduct of OCSD,
Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and
appointed officials, officers, agents and employees, from and against any and all claims,
liabilities, damages or expenses of any nature, including attorneys'fees: (a)for injury to or
death of any person or damage to property or interference with the use of property, arising
out of or in connection with Contractor's performance under the Contract, and/or (b) on
account of use of any copyrighted or uncopyrighted material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the
Contract, and/or (c) on account of any goods and services provided under this Contract.
This indemnification provision shall apply to any acts or omissions, willful misconduct, or
negligent misconduct, whether active or passive, on the part of Contractor of or anyone
employed by or working under Contractor. To the maximum extent permitted by law,
Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or
proceedings have merit or are meritless, or which involve claims or allegations that any of
the parties to be defended were actively, passively, or concurrently negligent, or which
otherwise assert that the parties to be defended are responsible, in whole or in part, for any
loss, damage, or injury. Contractor agrees to provide this defense immediately upon written
notice from OCSD, and with well qualified, adequately insured, and experienced legal
counsel acceptable to OCSD.
15. OCSD Safety Standards OCSD requires Contractor and its subcontractor(s)to follow and
ensure their employees follow all Federal, State, and local regulations as well as OCSD
Safety Standards while working at OCSD locations. If during the course of the Contract it is
discovered that OCSD Safety Standards do not comply with Federal, State, or local
regulations, then the Contractor is required to follow the most stringent regulatory
requirement at no additional cost to OCSD. Contractor and all of its employees and
subcontractors, shall adhere to all applicable OCSD Safety Standards attached hereto in
Exhibit"D".
16. Warranties In addition to the warranties stated in Exhibit"A", the following shall apply:
16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence
on the date of acceptance by the OCSD Project Manager or designee of the work as
complete.
16.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work
as specified in Exhibit "A", OCSD informs Contractor that any portion of the Services
provided fails to meet the standards required under this Contract, Contractor shall, within
the time agreed to by OCSD and Contractor, take all such actions as are necessary to
correct or complete the noted deficiency(ies) at Contractor's sole expense.
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17. Force Maleure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected
by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract.
18. Frefaht(F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract.
19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it
understands the work to be performed; and 2) it understands the facilities, difficulties and
restrictions of the work under this Contract. Should Contractor discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at
Contractor's risk, until written instructions are received from OCSD.
20. Reau/atory Requirements Contractor shall perform all work under this Contract in strict
conformance with applicable Federal, State, and local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and
California Water Codes Division 2.
21. Licenses, Permits. Ordinances and Reaulations Contractor represents and warrants to
OCSD that it has obtained all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to engage in this work. Any and all fees required by Federal,
State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work
performed under the terms of this Contract will be paid by Contractor.
22. Applicable Laws and Reaulations Contractor shall comply with all applicable Federal,
State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold
harmless from any and all damages and liabilities assessed against OCSD as a result of
Contractor's noncompliance therewith. Any permission required by law to be included
herein shall be deemed included as a part of this Contract whether or not specifically
referenced.
23. Contractor's Employees Compensation
23.1 Davis-Bacon Act — Contractor will pay and will require all subcontractors to pay all
employees on said project a salary or wage at least equal to the prevailing rate of per diem
wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for
each craft or type of worker needed to perform the Contract. The provisions of the Davis-
Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00)
and when twenty-five percent (25%) or more of the Contract is funded by Federal
assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon
Act to be complied with are incorporated herein as a part of this Contract and referred to by
reference.
23.2 General Prevailing Rate — OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and
the general prevailing rate for legal holiday and overtime work in the locality in which the
work is to be performed for each craft or type of work needed to execute this Contract, and
copies of same are on file in the Engineering Department. The Contractor agrees that not
less than said prevailing rates shall be paid to workers employed on this Contract as required
by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2,
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OCSD will have on file copies of the prevailing rate of per diem wages at its principal office
and at each project site,which shall be made available to any interested party upon request.
23.3 Forfeiture For Violation—Contractor shall, as a penalty to OCSD,forfeit fifty dollars ($50.00)
for each calendar day or portion thereof for each worker paid (either by the Contractor or
any subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
23.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices are applicable to this Contract and the Contractor
shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or
more or twenty(20)working days or more;or if contracts of specialty contractors not bidding
for work through the general or prime Contractor are two thousand dollars ($2,000.00) or
more or five (5)working days or more.
23.5 Workday—In the performance of this Contract, not more than eight(8)hours shall constitute
a day's work, and the Contractor shall not require more than eight(8)hours of labor in a day
from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter
1, Part 7 (Section 1810 at seq.)of the Labor Code of the State of California and shall forfeit
to OCSD as a penalty, the sum of twenty-five dollars ($25.00)for each worker employed in
the execution of this Contract by Contractor or any subcontractor for each calendar day
during which any worker is required or permitted to labor more than eight (8) hours in any
one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article.
Contractor shall keep an accurate record showing the name and actual hours worked each
calendar day and each calendar week by each worker employed by Contractor in connection
with the project.
23.6 Record of Wages; Inspection — Contractor agrees to maintain accurate payroll records
showing the name, address, social security number, work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the
project and agrees to require that each of its subcontractors do the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records and
those of its subcontractors shall be available to the employee or employee's representative,
the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards
and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties
for non-compliance with the requirements of Section 1776 may be deducted from project
payments per the requirements of Section 1776.
24. South Coast Air Quality Management District's (SCAQMD) Requirements It is
Contractor's responsibility that all equipment furnished and installed be in accordance with
the latest rules and regulations of the South Coast Air Quality Management District
(SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or
structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange, in the event
any action is brought in connection with this Contract or the performance thereof.
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26. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Contract or default
thereunder. Any breach by Contractor to which OCSD does not object shall not operate as
a waiver of OCSD's rights to seek remedies available to it for any subsequent breach.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to
make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OCSD rejects the goods or Services or revokes acceptance of the goods or Services,
OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price
OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute
goods or Services for those due from Contractor. In the event OCSD elects to "cover as
described in (3), OCSD shall be entitled to recover from Contractor as damages the
difference between the cost of the substitute goods or Services and the Contract price,
together with any incidental or consequential damages.
26. Dispute Resolution
28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights
or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute
by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the
dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two(2)arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05.
The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make
such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws
of the State of California. The arbitrators decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
29. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract.
31. Severability If any section, subsection, or provision of this Contract, or any agreement or
instrument contemplated hereby, or the application of such section, subsection,or provision
is held invalid,the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
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32. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any
subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OCSD.
33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OCSD
employee. During the performance of this Contract, Contractor and its officers, employees,
and agents shall act in an independent capacity and shall not act as OCSD's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no
rights to any benefits which accrue to OCSD's employees.
35. Limitations upon Subcontractina and Assignment Contractor shall not delegate any
duties nor assign any rights under this Contract without the prior written consent of OCSD.
Any such attempted delegation or assignment shall be void.
36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OCSD and Contractor.
37. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall
be personally liable to Contractor, or any successor-in-interest, in the event of any default
or breach by OCSD or for any amount which may become due to Contractor or to its
successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read
and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract on behalf of the Parties warrant
that they are duly authorized to execute this Contract and that by executing this Contract,
the Parties are formally bound.
40. Entire Contract This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
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41. Notices All notices under this Contract must be in writing. Written notice shall be delivered
by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed
destination and provides proof of delivery to the sender. Rejection or other refusal to accept
or the inability to deliver because of changed address for which no notice was given as
provided hereunder shall be deemed to be receipt of the notice, demand or request sent.
All notices shall be effective when first received at the following addresses:
OCSD: Larry Roberson
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Contractor: Ricardo Ayala
Owner
Ayala Engineering
8482 East Meadowridge Street
Anaheim, CA 92808
Each party shall provide the other party written notice of any change in address as soon as
practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair, Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts, Purchasing and Materials
Management Manager
AYALA ENGINEERING
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
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OPERATIONS COMMITTEE Meeting Date TOBd.Of Dir.
0
2
/0
711
8
oz/ze�ia
AGENDA REPORT IWrnNumber Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: PLANT NO. 1 ACTIVATED SLUDGE AERATION DIFFUSER MEMBRANE
REPLACEMENT REPAIR
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Purchase Order Contract to IDA Construction Inc. to provide
rehabilitation services for up to six (6)Aeration Basins at Plant No. 1, Specification
No. S-2017-87513D, for a total amount not to exceed $232,001;
B. Approve a contingency of$46,400 (20%); and
C. Approve a Sole Source Purchase Order to DC Frost Associates Inc. (exclusive
representative for Xylem Sanitaire)for the required mechanical parts for three (3)
Aeration Basins at Plant No. 1, for a total amount not to exceed $106,098.
BACKGROUND
The Activated Sludge Process uses aeration systems to treat primary effluent using
dissolved oxygen systems and highly concentrated bacteria to metabolize organic matter
in wastewater. The dissolved oxygen in these systems is introduced into the wastewater
by a system of fine bubble air diffusers that cover the bottom of the aeration basins.
These diffusers are disc shaped membranes, made of a porous rubber material.
Compressed air is piped in from blowers to these discs so that the wastewater is
completely saturated with air bubbles. Approximately every 10 years the discs must be
replaced, as the holes in the discs become stretched or clogged and the rubber becomes
brittle. As a result, the efficiency of the whole system is diminished. There are more than
48,000 discs that are over 10 years old at Plant No. 1 Activated Sludge (AS-1).
RELEVANT STANDARDS
• Meet volume and water quality needs to support GW RS System
• Maintain a proactive asset management program
• Maintain a culture of improving efficiency
PROBLEM
Some of the Plant No. 1 AS-1 diffuser membranes have been in operation for over 10
years and are in need of replacement—the oxygen transfer efficiency has diminished
Page 1 of 3
which results in higher energy costs. Staff anticipates six (6) aeration basins will require
this work to be performed in the interim.
PROPOSED SOLUTION
Approve a low bid Purchase Order Contract with IQA Construction (Spec. No.
S-2017-87513D) for the work of replacing aeration diffusers on up to six (6) aeration
basins. The Contractor shall supply personnel and expertise to perform the repairs
accordingly.
TIMING CONCERNS
The project must start soon to coincide with Project No. P1-129, AS-1 RAS Header Piping
Replacement, planned in the same area. This strategy will help to reduce the effect on
overall plant operations and maintain the quality of the treated effluent at Plant No. 1.
RAMIFICATIONS OF NOT TAKING ACTION
Inefficient oxygen transfer results in higher energy costs. In addition, there are various
known issues, such as leaks which are affecting the performance of Plant No. 1 AS-1. If
not corrected, the AS-1 plant performance will eventually drop to unacceptable levels,
negatively affecting effluent water quality and Orange County Sanitation District
(Sanitation District) operations.
PRIOR COMMITTEE/BOARD ACTIONS
December 2016 - Board approved sole source OEM list to include Xylem as a
preapproved OEM for parts and services. DC Frost Associates Inc. is the sole local
distributor for Xylem parts in Fountain Valley.
ADDITIONAL INFORMATION
The Sanitation District issued a Notice Inviting Bids in October of 2017. Six (6) bids
were received as follows:
CA Construction $232,001
Jamison Engineering Contractors, Inc. $242,064
B.R. Frost Company $283,200
PCL Construction, Inc. $322,938
W.M. Lyles Co. $389,058
Environmental Construction, Inc. $495,600
IQA Construction was found to be the lowest responsive and responsible bidder.
Therefore, staff recommends awarding to the firm.
A contingency of 20% is recommended because of the potential for additional work which
may be required once the aeration system is disassembled.
Page 2 of 3
The Sanitation District currently has enough mechanical diffuser parts on-hand to supply
parts for up to three(3) basins; however, additional sets for the remaining three(3) basins
will need to be purchased. It is proposed to also approve a Sole Source Purchase Order
to DC Frost Associates Inc.forthe required mechanical parts of three (3)Aeration Basins.
DC Frost Associates Inc. is the sole distributor for the OEM parts.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation Districts Purchasing
Ordinance. This item has been budgeted in the Operating Budget FY 17-18 (Section 6,
Pg. 92, Line items: Repairs and Maintenance).
Date of Approval Contract Amount Contingency
02/28/2018 (IQA Construction) $232,001 $46,400(20%)
02/28/2018 (DC Frost) $106,098 N/A
ATTACHMENT
The following affachment(s) maybe viewed on-line at the QCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
020,1s —
AGENDA REPORT em Number Item Number
s —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: INCREASE TO PURCHASE ORDER FOR ACCESS WAY
MAINTENANCE & REPAIR, SPECIFICATION NO. S-2017-857
GENERAL MANAGER'S RECOMMENDATION
Approve an increase with Excel Door & Gate Company for preventative and corrective
maintenance repairs, Specification No. S-2017-857, for the period July 1, 2017 through
June 30, 2018, for an additional amount of $50,000, increasing the total amount not to
exceed $140,000.
BACKGROUND
The Orange County Sanitation District (Sanitation District) has a regular need for outside
service to perform preventive (PM) and corrective maintenance (CM) on roll up doors,
slide doors, fire doors, dock levelers, hatches, and passage doors. An increased demand
for this work has been identified recently in safety walks and new CM work.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• Maintain a culture of improving efficiency
• Provide a safe and collegial workplace
PROBLEM
The Sanitation District has exhausted its current approved purchase order authority for
door maintenance and a significant amount of work remains to be completed.
PROPOSED SOLUTION
Approve an increase of $50,000 to the current purchase order based on current repair
needs and unforeseen increases in the number of CM requests and labor/material costs.
TIMING CONCERNS
Numerous assets identified during safety walks need to be repaired and modified (rehung,
push bar mechanisms, closers, hinges, frame, adjust door swing, etc.).
Page 1 of 2
RAMIFICATIONS OF NOT TAKING ACTION
If the repair services for doors is not done, lack of door maintenance will present safety
concerns, asset longevity issues, and potential security risks.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Doors are considered security assets and are given highest priority.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in the FY17/18 Budget Update (Line item:
Repairs and Maintenance, Page 49).
Date of Approval Contract Amount Continoency
02/07/2018 $140,000 WA
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
Page 2 d 2
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oz/o71rs o21ze�ia
AGENDA REPORT emNumber Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: HOSE REEL TRAILER FOR TEN-INCH PUMPS
GENERAL MANAGER'S RECOMMENDATION
A. Award the purchase of 2,640 feet of twelve-inch lay flat sewer hose with mobile
hose reel trailer to West Coast Safety Supply, for a total cost of$295,704; and
B. Approve a contingency amount of$29,570 (10%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) procured two (2) ten-inch
portable sewer pumps to support collections system maintenance activities and provide
emergency pumping capacity in the event of plugged sewers or pump station failure. A
lay flat hose and a powered hose reel trailer is required for the new pumping equipment.
The motorized reel is for delivering or moving the lay flat sewer hose because it is too
heavy to manually handle.
RELEVANT STANDARDS
• Less than 2.1 sewer spills per 100 miles
• Protection of Orange County Sanitation District assets
PROBLEM
Project No. FE16-11, Von Karmen Trunk at the Lane Channel Crossing, provides
technical support and inspection for the Orange County Flood Control District's (OCFCD)
Channel Improvement. One of the Sanitation District's responsibilities consists of
providing a sewer bypass protection plan and resources should the Sanitation District's
sewer be damaged. The Lane Channel contingency plan consists of two (2) ten-inch
portable pumps and associated twelve-inch lay flat sewer hose. These resources are
needed in place by May 2018.
PROPOSED SOLUTION
Staff recommends the purchase of a heavy duty twelve-inch lay flat sewer hose with
mobile trailer sold by West Coast Safety Supply who was selected through a competitive
bid process. They are able to deliver these products within the time frame to allow the
Sanitation District to meet Lane Channel project schedule.
Page 1 d 2
TIMING CONCERNS
The sewer bypass pumping equipment for Project No. FE16-11 Von Karman Trunk at the
Lane Channel Crossing must be in place in May 2018 to prevent delay of the OCFCD's
Lane Channel project.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District is concerned that the OCFCD's contractor could damage sewer
lines that cross the channel. The damage could lead to sewage discharge into the storm
channel. Without the lay flat sewer hose and mobile trailer, the Sanitation District will lack
the ability to create a sewer bypass around the damaged pipe section.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District issued an RFP Bid Packet in August of 2017. Two (2) bids were
received as follows:
West Coast Safety Supply $295,704
Xylem Dewatering $103,224
West Coast Safety Supply was found to be the lowest responsive and responsible bidder.
Therefore, staff recommends awarding to the firm.
Xylem Dewatering was found to be unresponsive as they were unable to provide all the
equipment (trailer) listed in the Scope of Work.
A contingency of 10% is recommended because of unexpected charges in freight and
handling fees.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Fiscal Year 2017-2018 Budget - Appendix
(Line Item: 822-Fleet Services, Pages A20—A21).
Date of Aooroval Contract Amount Continaencv
02/28/2018 $295,704 $29,570 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TO%8011Dir.
oz/o7/t8 oz/zeha
AGENDA REPORT emNumber Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE
REPORT
GENERAL MANAGER'S RECOMMENDATION
Receive and file the Capital Improvement Program Contract Performance Report for the
period ending December 31, 2017.
BACKGROUND
The Capital Improvement Program involves awarding and managing many construction
and consulting contracts. In 2008, the Orange County Sanitation District (Sanitation
District) Board of Directors began awarding contingencies along with construction and
consulting contracts. The contingencies allow the General Manager to approve change
orders for construction contracts and amendments for consulting contracts up to the
amount of the approved contingency. This practice reduces administrative costs,
expedites resolution of project issues that arise, helps avoid Contractor delay claims, and
facilitates efficient management of many contracts.
The Capital Improvement Program Contract Performance Report summarizes
construction and consulting contract performance and activities for the quarter ending
December 31, 2017. This report is updated quarterly.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(wwwocsd.conn with the complete agenda package:
• Capital Improvement Program Contract Performance Report for the period ending
December 31, 2017
JM:dm:gc
Page 1 of 1
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending December 31, 2017
DATE: January 26, 2018
TO: Orange County Sanitation District
Board of Directors
FROM: James D. Herberg, General Manager
Through: Rob Thompson, Director of Engineering
This report summarizes the status, activities, and performance of public works
construction contracts and consultant agreements. This report also identifies the names
and status of projects being performed under master budgets for facilities engineering,
planning studies, and research.
PART 1 - CONSTRUCTION CONTRACTS
When the Orange County Sanitation District (Sanitation District) Board awards a
construction contract, a contingency is also approved which allows the General Manager
to approve contract change orders up to the amount of the contingency. One of the
purposes of this report is to document how that contingency is managed and how much
of the contingency is utilized.A project's change order rate can only be documented when
the work is complete. As such, the change order performance charts in this report are
based only on projects closed since the Board began approving contingencies in 2008.
Activity in Last Quarter
2-72A Newhope-Placentia Trunk Sewer Final Completion 05-Oct-17
Replacement, Segment A
P1-100 Digester Rehabilitation at Plant 1 Final Completion 06-Oct-17
FE16-08 Carbon Canyon Clay Pipe Repairs Final Completion 17-Nov-17
Page 1 of 4
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending December 31, 2017
Anticipated Activity in Next Quarter
FE16-12 Garfield Road Perimeter Security Contract Award 2-Feb-18
Fence
FE 15-07 Secondary Treatment and Plant Contract Award 21-Feb-18
Water VFD Replacement at Plant 1
FE16-10 East Basin Distribution Box Repair Contract Award 28-Mar-18
7-37 Gisler- Red Hill Trunk Improvements - Final Completion 30-Mar-18
Reach B
FE13-04 Plant No. 2 Trickling Filter Chemical Final Completion 30-Mar-18
Odor Control
PART 2— DESIGN CONSULTANT AGREEMENTS
The Sanitation District engages design consultants through Professional Design Services
Agreements (PDSAs), Professional Consultant Services Agreements (PCSAs), and
Master Professional Services Agreements (Master Agreements). PDSAs are used to
obtain design engineering services, and PCSAs are a subsequent agreement with the
design consultant to provide support services during construction.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects.
On those smaller projects, the Sanitation District solicits task order proposals from three
or four of the firms, and awards a task order to the most qualified consultant. There are
currently four sets of Master Agreements, including three design sets from 2009, 2012,
and 2015, a set for CEGA studies, a set for collection-systems planning studies, and a
set for plant-related planning studies. The two older design sets have expired, meaning
no new task orders can be issued under them, but previously-issued task orders remain
active until completed. The other Master Agreements have $200,000 task order limits
per Sanitation District Ordinance No. OCSD-47. No task orders have yet been issued for
the CEQA, Collections Planning Studies, and Plant Planning Studies sets.
Page 2 of 4
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending December 31, 2017
Activity in Last Quarter
5-67 Bay Bridge Pump Station Replacement PDSA Award 25-Oct-17
J-124 Digester Gas Facilities Rehabilitation PDSA Award 15-Nov-17
P2-123 Return Activated Sludge Piping RFP 30-Oct-17
Replacement at Plant 2 Advertisement
PSI 5-02 Edinger Pump Station RFP 20-Dec-17
Rehabilitation Study Advertisement
Anticipated Activity in Next Quarter
PSI 7-03 Active Fault Location Study at Plant RFP 29-Jan-18
No. 2 Advertisement
P1-132 Uninterruptable Power Supply RFP 14-Feb-18
Improvements at Plant 1 Advertisement
P2-124 Interim Food Waste Receiving RFP 23-Feb-18
Facility Advertisement
SP-196 Process Control Systems Upgrades PDSA Award 28-Feb-18
Study
RE17-02 Biogas Scrubber Evaluation PDSA Award 28-Feb-18
P2-123 Return Activated Sludge Piping PDSA Award 28-Mar-18
Replacement at Plant 2
PART 3— MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2016-17 and 2017-18 includes master
program budgets that allow staff to more quickly initiate, execute, and manage smaller
projects that fit within the scope of a particular program. The projects chartered under
these program budgets are referred to as sub-projects, and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Page 3 of 4
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending December 31, 2017
Master Program Title Status Table
Planning Studies Table 3.1
Research Program Table 3.2
Facilities Engineering Program — Collections Table 3.3
Facilities Engineering Program — Plant Table 3.4
Information Technology Capital Program Table 3.5
PART 4—STAFF AUGMENTATION CONTRACT
In May 2016, the Sanitation District Board of Directors approved a $41 million
professional services agreement with Jacobs Project Management Co. to provide
supplemental engineering and support staff services for a four-year term with the option
of three one-year renewals. The benefits of using staff augmentation, as opposed to
hiring full-time staff or limited-term employees, include rapid mobilization of highly
skilled/technical staff, flexibility to change the mix of staff positions on an immediate and
as-needed basis, the ability to reduce staff as workloads decrease, access to technical
experts to support special tasks, and access to staff with wastewater project experience.
CHARTS AND TABLES
Chart 1.1 — Program Overview
Chart 1.2 — Change Order Rates Over Time—All Closed Projects
Chart 1.3—Change Order Rates Over Time—Collections Projects
Chart 1.4 — Change Order Rates Over Time— Plant Projects
Table 1.1 — Summary of Closed Projects by Category
Table 1.2— Construction Contract Performance—Active Projects
Table 1.3—Active Construction Contracts by Contractor
Table 2.1 —Active Design Consultant Contracts by Consultant
Table 2.2—Activity Report for 2012 Master Professional Design Services Agreements
Table 2.3—Activity Report for 2015 Master Professional Design Services Agreements
Table 3.1 — Planning Studies Status Report
Table 3.2— Research Program Status Report
Table 3.3— Facilities Engineering Program — Collections Status Report
Table 3.4— Facilities Engineering Program — Plant Status Report
Table 3.5— Information Technology Capital Program Status Report
Table 4.1 —Staff Augmentation Contract Status
Table 4.2—Staff Augmentation Labor Summary
Page 4 of 4
Chart 1.1
Program Overview
CUMULATIVE DATA THROUGH QUARTER ENDING DECEMBER 31,2017 2 QTR FY17/18
•Collections .Collections
•Plant Projects •Plant Projects
41
CLOSED PROJECTS DISTRIBUTION BY CATEGORY' ACTIVE PROJECTS DISTRIBUTION BY CATEGORY
Total Base Contract Value $ 1,233,271,140 Total Base Contract Value $ 237,286,910
Collections $ 297,116,525 24.0% Collections $ 20,520,301 8.6%
Plant Projects $ 936,154,615 76.0% Plant Projects $ 216,766,609 91.4%
Total Base#of Contracts 69 Total Base#of Contracts 15
Collections 30 Collections 3
Plant Projects 39 Plant Projects 12
•Projects closed since 2 QTR FY07/08
Chart 1.2
Change Order Rates Over Time
All Closed Projects
7.00%
6.08%
6.00%
5.65%
5.20%
4.97%
5.00% 4.66% 4.75% 4.75% 4'�% 4.85%
4.99%
4.62% 4.67% 4.59%
3.84%
4.00% 3.]8% 3.76%
3.51% 3.52%
3.37.
3.00%
Change
Contracts Closed in Last Quarter Original Value Orders
2.00% P1-100 Digester Rehabilitation at Plant 1 $33,500,000 28.70%
2-72A Newhope-Placentia Trunk Sewer
$21,134,650 2.20%
Replacement,Segment
1.00% FE16-08 Carbon Canyon Clay Pipe Repairs $303,563 0.00%
0.00% p
N p p p
O O O O O O O S O S S .Oi 2 e. N N N 8 8 M M M O V P Q O/1 N N N b b S O O O S Ow W
Chart 1.3
Change Order Rates Over Time
Closed Collections Projects
14.00%
12.35%
12.00%
11.19%
10.00% 9.53%
8.92%
8.00%
7.14% 6 97% 7.14% 7.10%
6.77%
6.19%
5.88% 5.88% 5.81%
6.00% 5.52% 5.51% 5.34%5.51%5.43% 5.51% -
4.00%
2.00%
0.00%
0 0 0 0 0 & & 8 8 8 8 8 8 8 8 8 8 8 0 0 0 0 8 8 8 8 d d d d c c c c o 0 0 8 8 8
Chart 1.4
Change Order Rates Over Time
Closed Plant Projects
7.00%
6.00% 13%
5.00%
4.31% q 2896 4.36%
4.19% 4.18% 4.11% 4'20%
4.03%
3.89%
4.00%
3.11%
3.00% 2.88% 2.90% 2.90%
2.70% 2.59%
2.00%
1.00%
0.00%
a $ eo o a $ oe o o $ oe o o $ oe o o $ eo a o $ eo c c B 8 c c B 8 c c B 8 c c $ 8 c c
a a a $ $ $ $ o 0 0 o e e e e �n
a a a c a a 0
Table 1.1
Summary of Closed Projects by Category
Original Contract Approved Change Final Change Order Category
Project Category Value Orders Contract Value Percentage Change Order Goal
COLLECTIONS $297,116,525 $26,470,338 $323,586,863 8.91% 6.50%
PLANT PROJECTS $936,154,615 $37,669,129 $973,823,744 4.02% 2.75%
Total $1,233,271,140 S 64,139,467 $1,297,410,607 5.20% 5.00%
Table 1.2
Construction Contract Performance - Active Projects
Construction Original Contract ApproveclChange CurrentContract
Project No %Complete Amount Orders Amount
Collections
6-17 32.00% $ 3,699,301 $ - $ 3,699,301
7-37 89.00% $ 15,432,000 $ 1,196,359 $ 16,628,359
FE15-10 3.00% $ 1,389,000 $ - $ 1,389,000
Plant Projects
131-101 98.00% $ 126,908,300 $ 2,494,767 $ 129,403,067
PI-115B 1.00% $ 2,235,563 $ - $ 2,235,563
P2-92 79.00% $ 49,850,000 $ 777,585 $ 50,627,585
P2-92A 15.00% $ 3,304,000 $ - $ 3,304,000
132-110 19.00% $ 16,730,000 $ - $ 16,730,000
132-118 4.00% $ 906,975 $ - $ 906,975
J-126BFG 4.00% $ 557,759 $ - $ 557,759
J-126E 16.00% $ 418,000 $ - $ 418,000
J-117A 33.00% $ 12,609,012 $ - $ 12,609,012
FE13-04 97.00% $ 2,514,000 $ - $ 2,514,000
FE14-03 70.00% $ 594,000 $ - $ 594,000
FE16-05 0.00% $ 139,000 $ - $ 139,000
Table 1.3
Active Construction Contracts by Contractor
Contractor/Project Number Project Name Current Contract
Value
Abhe&Svoboda, Inc.
P2-118 Activated Sludge Aeration Basin Deck Repair at Plant No. 2 $ 906,975
Access Pacific
J-126E Roof Fall Protection and Skylights $ 418,000
AMPCO Contracting
FE16-05 Buried Water Valve Support Upgrades at Plant 2 $ 139,000
Amtek Construction
J-126BFG Lights, Ladder and Walkway Hazards $ 557,759
Charles King Company,Inc.
6-17 District 6 Trunk Sewer Relief $ 3,699,301
FE35-10 East Lido Force Main Rehabilitation $ 1,389,000
Flatiron West Inc
P2-110 Consolidated Demolition and Utility Improvements at Plant 2 $ 16,730,000
Kiewit Infrastructure West Co.
7.37 Gisler- Red Hill Trunk Improvements-Reach B $ 15,432,000
FE13-04 Plant No. 2 Trickling Filter Chemical Odor Control $ 2,514,000
P2-92A Truck Loading Bay Odor Control at Plant 2 $ 3,304,000
Kiewit Infrastructure West.Co.
FE13-04 Plant No.2 Trickling Filter Chemical Odor Control $ 2,514,000
CDC Engineering and Technology
P1-115B Rehabilitation of Fleet Services Building, Building 8 and Paving Area $ 2,235,563
Shimmick Construction Co.,Inc.
J-217A Interplant Effluent Pipeline Rehabilitation $ 12,609,012
P2-92 Sludge Dewatering and Odor Control at Plant 2 $ 49,850,000
Tharsos,Inc.
FE14-03 Rehabilitation of Digester Mixing Pumps at P2 Digesters E, H, R,S, and T $ 594,000
WM Lyles Company
P1-101 Sludge Dewatering and Odor Control at Plant 1 $ 126,908,300
Table 2.1
Active Design Consultant Contracts by Consultant
Project Agreement Original Number of Amendments
Number Project Name Type Value Amendments To Date
AECOM Technical Services,Inc. $ 20,923,626 3 $ 154,636
3-64 Rehabilitation of Western Regional Sewers PDSA $ 17,639,250 3 $ 154,636
PI-100 Digester Rehabilitation at Plant l PCSA $ 2,761,337 0 $ -
P3429 ASI RAS Header Piping Replacement at Plant 1 PDSA $ 523,039 0 $ -
Arcadis $ 8,677,000 1 $ 1,500,000
5-67 Bay Bridge Pump Station Replacement PDSA $ 7,137,000 0 $ -
J-126 Safety Improvements Program PDSA $ 1,540,000 1 $ 1,500,000
Atkins North America,Inc. $ 611,307 2 $ 61,019
J-110 Final Effluent Sampler and Building Area Upgrades PCSA $ 611,307 2 $ 61,019
Black&Veatch $ 21,169,014 6 $ 981,376
J-111 Cengen Emissions Control Project PSA $ 62,035 0 $ -
P2-98 Primary Treatment Rehabilitation at Plant 2 PDSA $ 18,141,423 3 $ 808,756
PS15-01 Skeolids Master Plan PSA $ 2,965,556 3 $ 172,620
Brown and Caldwell $ 29,518,131 20 $ 4,679,405
5-60 Newport Force Main Rehabilitation PCSA $ 2,231,925 4 $ 839,714
J-117 Ocean Outfall System Rehabilitation PDSA $ 6,778,015 13 $ 3,572,148
J-117A Interplant Effluent Pipeline Rehabilitation PCSA $ 1,121,666 0 $ -
J-124 Digester Gas Facilities Rehabilitation PDSA $ 11,770,000 0 $ -
P2-107 SCADA System and Network Upgrades PDSA $ 2,818,197 3 $ 267,543
P2-92 Sludge Dewatering and Odor Control at Plant 2 PCSA $ 4,798,328 0 $ -
Carollo Engineers $ 21,190,979 6 $ 797,973
PI-105 Headworks Rehabilitation and Expansion at Plant I PDSA $ 17,528,957 1 $ 589,562
PI-123 Trunk Line Odor Control Improvements PCSA $ 529,970 0 $ -
PSIS-10 2017 Facilities Master Plan PSA $ 3,132,052 5 $ 208,411
CDM Smith $ 5,319,930 0 $
P2-122 Headworks Modifications at Plant 2 for GWRS Final Expansion PDSA $ 5,319,930 0 $ -
Dudek IS,Associates,Inc. $ 256A78 0 $ -
PSIS-07 Pressurization and Odor Control Study at Newport Beach PSA $ 256,478 0 $ -
GeosyntecConsultants $ 2,578,028 0 $
PS35.06 Seismic Hazard Evaluation at Plant Nos.1 and 2 PSA $ 2,578,029 0 $ -
HDR Engineering,Inc. $ 19,057,648 3 $ 1,228,613
FEI6-21 Lane Channel Crossing PDCSSA $ 131,939 0 $ -
P3-101 Sludge Dewatering and Odor Control at Plant 1 PCSA $ 7,140,000 2 $ 1,131,373
PI-128 Headquarters Complex,Site and Security,and Entrance Realignment Program PDSA $ 11,785,709 1 $ 97,240
Lee&go $ 11,722,178 5 $ 434,974
2-72 Newhope-Placentia Trunk Replacement PDSA $ 8,468,232 4 $ 434,974
PCSA $ 3,253,946 1 $ -
Table 2.1
Active Design Consultant Contracts by Consultant
Project Agreement Original Number of Amendments
Number Project Name Type Value Amendments To Date
Lockwood,Andrews&Newnam,Inc(LAN) $ 505,042 0 $
PSIS-02 Edinger Pump Station Rehabilitation Study PSA $ 505,042 0 $ -
LSA ASSOCIATES INC $ 420,927 1 $
PS-128 Headquarters Complex,Site and Security,and Entrance Realignment Program PSA $ 420,927 1 $ -
MICHAEL BAKER INTERNATIONAL,INC. $ 1,287,225 1 $
241-8 SARI Rack Stabilizers Removal PDSA $ 399,008 0 $ -
PSA $ 172,917 1 $ -
PSI6-01 Stormwater Master Plan PSA $ 715,300 0 $ -
PMWebinc $ 1,022,500 a $
J-129 Project Management Information System PSA $ 1,022,500 0 $ -
RBFCONSULTING,INC. $ 475,308 3 $ 37,466
SP-178 Bay Bridge Pumpstatlon and Force Mains Rehabilitation Study PSA $ 475,308 3 $ 37,466
RMC Water&Environment $ 3,092,675 2 $ 19,372
6-17 District 6 Trunk Sewer Relief PCSA $ 290,000 1 $ -
PSIS-08 Collections Capacity Evaluation Study PSA $ 2,802,675 1 $ 19,372
Stantec Consulting Services,Inc. $ 10,616,812 5 $ 737,629
362 Seal Beach Pump Station Rehabilitation PDSA $ 6,917,175 4 $ 641,768
P2-110 Consolidated Demolition and Utility Improvements at Plant 2 PCSA $ 1,499,839 0 $ -
P2-89 Solids Thickening and Processing Upgrades PCSA $ 2,199,798 1 $ 95,861
Tetra Tech,Inc. $ 270,000 1 $ 10,000
7-37 Gisler-Red Hill Trunk Improvements-ReachB PCSA $ 270,000 1 $ 10,000
THE AUSTIN COMPANY $ 2,806,622 6 $ 549,321
PI-115 Title 24 Access Compliance and Building Rehabilitation Project PDSA $ 2,200,000 6 $ 549,321
PCSA $ 606,622 0 $ -
Table 2.2
Activity Report for 2012 Master Professional Design Services Agreement
Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12.13 FY13-14 FY14.15
FE13-02, Repairs to Bar Screen at D Headworks at
12-00-01-01 Closed
P2 $ 27,980.00
FE13-02 Amendment No.1 $ 9,200.00
FE13-02 Amendment No.2 $ 6,770.00
FR12-035,Edinger Pump Station Record Drawing $ 42,511.00
LEE&RO, INC 12-00-01-02 Closed Preparation
PO#104615-OB FR12-035 Amendment No. 1 $ 10,455.00
Contract No.FE12-00-01 Closed FE13-01,(5-60)Newport Force Main Rehabilitation $ 74,600.00
12-00-01-03
FE13-01 5-60 Amendment No. 1 $ 24,943.00
FR13-020, Plant No.2 Gas Compressor Building $ 68,917.00
12-00-01-04 Open Piping Replacement
FR13-020 Amendment No. 1 $ 30,568.00
FR13-020 Amendment No.2 $ 25,896.00
CUMULATIVE $ 43,950.00 $ 152,509.00 $ 125381.00
12-00-02-01 Closed FE12-06,84-inch P2 PI Line for Dist.Box B Rehab. $ 64,095.00
and Flow Meter Structure Alban.CLOSED
DUDEK&ASSOCIATES, INC. FE09-04, P1 Potable Water System Improvements $ 50,472.00
PO#104616-OB 12-00-02-0240ossedContract No.FE12-00-02 FE09-04 Amendment No.1 $ 13,320.00
12-00-02-03FE14-04, Primary Influent Channels Repair at Plant l $71,841.00
CUMULATIVE $ 64,095.00 $ 63,792.00 $ 71,841.00
FR12-003,Warner Avenue Manholes StructuralRMC WATER AND ENVIRONMENT 12-00-03-01Repair Project $ 42,081.00
PO#104611-OB FR12-003 Amendment No. 1 $ 24,739.00
Contract No.FE12-00-03 12-00-03-02 Closed FR13-012,Santa Ana River Interceptor $ 56,404.00
CUMULATIVEI $ 66,820.00 1 $ 56,404.00 1E
Table 2.2
Activity Report for 2012 Master Professional Design Services Agreement
Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12-13 FY13-14 FY14-15
TRAN CONSULTING ENGINEERS 12-00-04-01 Closed FR32-012,Slater Ave VFD Replacement $ 39,963.00
PO#104617-OB
Contract No.FE12-00-04 FR12-012 Amendment No. 1 $ 26,968.00
CUMULATIVE $ 66,931.00 $ $
FE30-19, Landscaping and Miscellaneous $ 74,957.00
RBF CONSULTING 12-00-05-01 Closed Improvements Along Ellis Avenue
PO#104626-OB FE10-19 Amendment No.1 $ 12,295.00
Contract No.FE12-00-05 I FE10-19 Amendment No.2 $ 5,876.00
CUMULATIVE $ 93128.00 $ $
12-00-06-01 Closed FR12-030,P2 Solids Loading Station Truck Loading $ 15,935.00
Auger Access
FE12-05, 15th St,Rocky Point and Bitter Point Pump
IDS GROUP 12-00-06-02 Closed Station Fall Protection Improvements $ 40,575.00
PO#Contract
No.FE FE12-05 Amendment No.1 $ 2,330.00
Contract No.FE12-00-06 12-00-06-03 Open FE12-10, IT Server Room Cooing Improvements $ 43,470.00
12-00-06-04 Closed FE14-01, Plant 1 Primary Sludge Handling $6,200.00
Modifications
CUMULATIVE $ 58,840.00 $ 43,470.00 $ 6,200.00
PSOMAS 12-00-07-01 Closed FE12-02, Pl Hazardous Waste Storage Relocation $ 51,400.00
PO#104610-OB
Contract No. FE12-00-01
CUMULATIVE $ 51400.00 $ $
Table 2.2
Activity Report for 2012 Master Professional Design Services Agreement
Finn Task Order Status PROJECT TITLEIDESCRIPTION FY12-13 FY13-14 FY14-15
FE10-21,Area 02 Craig Regional Park Manhole $ 58,440.00
12-00-08-01 Open Improvements
FE10-21 Amendment No.1 $ 18,780.00
FE10-21 Amendment No.2 $ 22,780.00
GRID 12-00-08-02 Closed FE32-07, Upgrade PLC Panels at P3 and P2- $ 69,940.00
PO#104612-OB FE33-04, Plant 2 Trickling Filter Odor Control System $ 74,910.00
Contract No.FE12-00-08 Upgrade
12-00-08-03 Open FE13-04 Amendment No.1 $ 9,635.00
FE13-04 Amendment No.2 $ 14,455.00
FE13-04 Amendment No.3 $ 24,235.00
FE13-04 Amendment No.4 $ 11,095.00
CUMULATIVE $ 169840.00 $ $ 134330.00
RMS ENGINEERING&DESIGN, INC. 12-00-09-01 Closed FE12-08, P2 TF/SC Blower Insultation Modifications $ 57,351.00
PO#104625-OB
Contract No.FE12-00-09 FE12-08 Amendment No. 1 $ 27,390.00
CUMULATIVE $ $ 84741.00 $
HARRIS AND ASSOCIATES
PO#104613-OB
Contract No.FE12-00-10 CUMULATIVE $ $ $
TOTAL $ 615 004.00 $ 400 916.00 $ 331752.00
Table 2.3
Activity Report for 2015 Master Professional Design Services Agreement
Firm Task Order Status Project Title/Description FY15-16 FY16-17 FY17-18
FE14-05,Plant No. 1 Fleet Services UST Leak $86,116.00
DUDEK FE15-00-01-01 Open Remediation
PURCHASE ORDER NO.10543506 FE14-05 Amendment No. 1 $53,137.00
CONTRACT NO.FE15-00-01 FE15-00-01-02 Open lFEI5-09, CenGen Hot Water Pipe Bracing at P1 $146,516.00
FISCAL YEAR TOTAL $138 253.00 $146 516.00 $0.00
LEE& RO, INC.
PURCHASE ORDER NO. 105436OB
CONTRACT NO. FE15-00-02
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
GHD,INC.
PURCHASE ORDER NO. 105469OB
CONTRACT NO.FE15-00-03
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
FE15-00-04-01 Open PS17-02Guidelines for Development in the Area of $93,186.61
AECOM OCSD Facilities
PURCHASE ORDER NO. 105440OB
CONTRACT NO.FE15-00-04
FISCAL YEAR TOTAL $0.00 $0.00 $93,186.61
HAZEN AND SAWYER
PURCHASE ORDER NO. 105451OB
CONTRACT NO.FE15-00-05
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
RNICFE15-00-06-01 Open PS16-04, Rectangular Primary Clarifier Reliability $156,518.00
PURCHASE
WATER AND ENVIRONMENT
PURCHASE ORDER NO. 105441OB Study at Plant
CONTRACT NO.FE15.00.06
FISCAL YEAR TOTAL $0.00 $0.00 $156 518.00
Table 2.3
Activity Report for 2015 Master Professional Design Services Agreement
Firm Task Order Status Project Title/Description FY15-16 FYI 6-17 FY17-18
PROJECTLINE TECHNICAL FE15-00-07-01 Closed FE15-02, Plant No.2 Control Center Server Room $83,624.00
SERVICES,INC. HVAC Upgrade
PURCHASE ORDER NO.105452OB
CONTRACT NO.FE15-00-07
FISCAL YEAR TOTAL $83,624.00 $0.00 $0.00
TAIT&ASSOCIATES,INC.
PURCHASE ORDER NO. 105449OB
CONTRACT NO.FE15-00-08
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
BEYAZ&PATEL,INC.
PURCHASE ORDER NO. 105445OB
CONTRACT NO.FE15-00-09
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
IDS GROUP,INC.
PURCHASE ORDER NO. 105437OB
CONTRACT NO.FE15-00-10
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
KLEINFELDER,INC.
PURCHASE ORDER NO.105433OB
CONTRACT NO.FE15-00-11
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
FE15-00-12-01 Open FE16-10, East Basin Distribution Box Repair $79,990.00
RMS ENGINEERING&DESIGN,INC.
PURCHASE ORDER NO. 105439OB
CONTRACT NO.FE15-00-12
FISCAL YEAR TOTAL $0.00 $79,990.02
TOTAL $222,877.00 $226,506.00 $249,704.61
Table 3.1
Planning Studies Status Report
Pr Project Name . Status LAllocated Budget
PS15-01 PS15-01 Biosolids Master Plan Project Develop. $ 4,150,000
P515-02 PS15.02 Edinger Pump Station Rehabilitation Study Project Develop. $ 971,000
P515-03 P515-03 Slater Pump Station Rehabilitation Study Project Develop. $ 348,400
PSIS-04 P515-04 Network Architecture Master Plan Cancelled $ 7,511
PS15-05 PS35-05 SARI Sewershed Capacity Study Cancelled $ 3,043
PS15-06 PS35-06 Seismic Hazard Evaluation at Plant Nos. 1 and 2 Project Develop. $ 3,860,000
PS35-07 PS35-07 Pressurization and Odor Control Study at Newport Beach Project Develop. $ 535,200
PSIS-08 PS35-08 Collections Capacity Evaluation Study Project Develop. $ 4,529,678
PS15-09 PS15-09 Wastehauler and Fueling Stations Relocation Study Closed $ 164,577
P515-10 PS15.10 2017 Facilities Master Plan Project Develop. $ 4,150,000
P515-11 PS35-21 Office Trailer Relocation Evaluation Closed $ 35,781
PS16-01 PS16-015tormwater Master Plan Project Develop. $ 1,415,700
PS16-02 P516-02 SCE Feed Reliability Improvements Study Project Develop. $ 293,000
P516-03 PS36-03 Banning Gate Study Cancelled $ -
PS16-04 PS36-04 Rectangular Primary Clarifier Reliability Study at Plant No.1 Project Develop. $ 420,000
PS37-01 PS37-01 Fire Flow Testing at Plant No. 1 Project Develop. $ 78,000
PS17-02 PS17-02 Guidelines for Development in the Area of OCSD Facilities Project Develop. $ 176,000
PS17-03 PS17.03 Active Fault Location Study at Plant No.2 Project Develop. $ 1,121,000
Grand Total $ 22,258,890
Total Chartered Project 18
Board Approved Program Budget $ 28,652,000
Remaining Unallocated Budget $ 6,393,110
Table 3.2
Research Program Status Report
AM Project Name Status (located Budget
RE16-01 RE16-01 Operational Research Technical Support FY16-17 Closed $ 66,773
RE17-01 RE17.01 Operational Research Technical Support FY17.18 Project Develop. $ 100,000
RE17-02 RE17-02 Biogas Scrubber Evaluation Project Develop. $ 865,000
RE17-03 RE17-03 Reliant Wet Well Wizard Test Project Develop. $ 74,000
Grand Total $ 1,105,773
Total Chartered Project 4
Board Approved Program Budget $ 8,500,000
Remaining Unallocated Budget $ 7,394,227
Table 3.3
Facilities Engineering Program - Collections Status Report
Pr Project Name Status Allocated Budget
FEIG-21 FE10-21 Area 02 Craig Regional Park Manhole Improvements Design $ 1,359,000
FE15.01 FE15.01 Fullerton Creek Channel Crossing Design $ 260,000
FE25-03 FEI5-03 Safety Improvements at all Pump Stations Cancelled $ 13,580
FE15-10 FEIS-10 East Lido Force Main Rehabilitation Construction $ 2,628,000
FEIS-13 FE15-13 Doig Drive Building Improvements Cancelled $ 54,683
FEI6-01 FE16-01 Big Canyon Nature Park Improvements Project Develop. $ 533,000
FEI6-02 FE36-02 Jamboree Sewer Realignment at Big Canyon Project Develop. $ 896,000
FE36-04 FE36-04 Rehabilitation of the Bushard Diversion Box Cancelled $ -
FEI6-08 FE16-08 Carbon Canyon Clay Pipe Repairs Construction $ 1,131,000
FEI6.11 FE16-11 Lane Channel Crossing Project Develop. $ 1,251,000
FE26-13 FE36-13 Collections Infrastructure Relocation at Plant 2,Phase 1B Project Develop. $ 216,000
FEI6-14 FE16-14 Slater Pump Station Valve Replacements Project Develop. $ 906,000
FE37-01 FE17-01 Carbon Canyon Pipeline Sag Repairs Preliminary Des. $ 500,000
FE37-04 FE37-04 Storm Water Compliance Improvements at 3 Pump Stations Project Develop. $ 570,000
Grand Total $ 10,318,263
Total Chartered Project 13
Board Approved Program Budget $ 14,192,000
Remaining Unallocated Budget $ 3,873,737
Table 3.4
Facilities Engineering Program - Plant Status Report
BUCKET TYPE M-FE-PLANT
Project Number Project Name Status Allocated Budget
FEIO-20 FEIO-202011 Miscellaneous Fall Protection Improvements Closed $ 1,031,558
FE12-09 FE12-08 TF/SC Modifications to Blower Building and Air Piping Closed $ 295,853
FE12-10 FE12-10 IT Server Room Cooling Improvements Warranty $ 960,000
FE13-04 FE13-04 Plant No.2 Trickling Filter Chemical OdorControl Construction $ 4,730,000
FE14-01 FE34-01 Plant I Primary Sludge Handling Modifications Closed $ 289,710
FE14-02 FE34-02 Plant I Primary West Side Sludge Pumping Modifications Closed $ 10,109
FE34-03 FE34-03 Rehabilitation of Digester Mixing Pumps at P2 Digesters E,H,R,S,a Construction $ 1,360,000
FE14-04 FE34-04 Primary Influent Channels Repair at Plant 1 Closed $ 692,153
FE14-OS FE34-05 Plant No.1 Fleet Services UST Leak Remediation Design $ 7,032,000
FE34-06 FE34-06 Plant No.2 Repairs to Air Dampers at COBS Closed $ 213,028
FEIS-02 FEIS-02 Plant No.2 Control Center Server Room HVAC Upgrade Cancelled $ 139,339
FEIS-04 FEIS-04 Plant No.1 Primary Clarifier Backwash System Demo Closed $ 67,307
FEIS-05 FEIS-05 Main Exit Gate Card Reader at Plant 2 Closed $ -
FEIS-06 FEIS-06 Gas Compressor Building Piping Replacement at Plant 2 Construction $ 3,924,000
FEIS-07 FE15-07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Design $ 3,315,000
FEIS-09 FE15-08 ASI RAS Header Piping Replacement at Plant I Cancelled $ 70,655
FEIS-09 FE35-09 CenGen Hot Water Pipe Bracing at Plant 1 Design $ 425,000
FE16-03 FE36-03 Return Activated Sludge Piping Replacement at Plant 2 Cancelled $ -
FE16-OS FEI6-OS Buried Water Valve Support Upgrades at Plant 2 Project Develop. $ 500,000
FE16-06 FE36-06 Fuel Cell Facilities Demolition Project Develop. $ 166,000
FE16-07 FEI6-07 Security Monitoring and Source Control Trailers at Plant 1 Cancelled $ -
FE16-09 FEI6-09 Server Room Power Reliability Upgrades Plant 1 Cancelled $ -
FE16-10 FEI6-10 East Basin Distribution Box Repair Bid and Award $ 854,000
FE16-12 FEI6-12 Garfield Road Perimeter Security Fence Project Develop. $ 121,000
FE17-02 FE17-02 Trailer Complex at Plant I Cancelled $ -
FE17-03 FE17-03 Battery Storage System at Plant No.1 Project Develop. $ 250,000
Grand Total $ 26,446,712
Total Chartered Project 25
Board Approved Program Budget $ 43,325,000
Remaining Unallocated Budget $ 16,878,288
Table 3.5
Information Technology Capital Program Status Report
Project Number Project Name Status Allocated Budget
IT36-01 IT16-01 Enterprise Storage Arrays Active 1 $ 300,000
IT16.02 ITI6-02 Conference Room Monitors Active $ 43,000
IT16-03 IT36-03 Plant 2 Internet Connection Active $ 50,000
IT16-04 IT36-04 Replace back-up Web Proxy(TMG) Active $ 70,000
IT36-05 IT16-05 Plant 2 Radio Repeater Upgrade Active $ 35,000
IT36-06 IT36-06 Network Equipment 2016-17 Active $ 101,900
IT36-07 IT36-07 Server Replacement and Obsolescence Active $ 309,600
IT36-08 ITI6-08 IT Security 2016-17 Active $ 162,000
IT16-09 ITI6-09 iPACS Enhancements Active $ 85,000
IT16.10 IT16-10 LIMS Compliance Improv Project Active $ 490,000
IT16-11 IT16-11 Business Continuity Plan Active $ 490,000
IT17-01 IT17-01 VMWare Server Implementation Active $ 400,000
IT17-02 IT17-02 Upgrade Active Directory Directory to 2016 Active $ 56,000
IT17-03 IT17-03 Upgrade Shore7el System Server Active $ 190,000
IT17-04 IT17-04 Setup Virtual VAX Servers Active $ 44,000
IT17-05 IT17-05 Conference Room Monitor Upgrade Active $ 75,000
IT17-06 IT17-06 Upgrade MFP Equipment Active $ 350,000
IT17.07 IT17-07 Implement Safety Management Suite Active $ 106,000
Grand Total $ 3,357,500
Total Chartered Project 18
Board Approved Program Budget $ 10,000,000
Remaining Unallocated Budget $ 6,642,500
Table 4.1 Staff Augmentation Contract Status
Total Fees Time
Contract $41,000,000 86 months Iti
Actuals to Date $8,243,504 20% 20 months 23%
Remaining $32,756,496 80% 66 months 77%
Assuming three 1-year extensions
Table 4.2 Staff Augmentation Labor Summary
This Quarter Inception to Date
Labor Hours 8,731 58,804
Full Time Equivalents 19.4 19.6
Labor Costs(no expenses) $1,141,276 $8,080,002
Average Hourly Rate $131 $137
OPERATIONS COMMITTEE Meeting Date TOBd.Ot Dir.
oz/o71rs o21ze�ia
AGENDA REPORT IWmNumber Item Number
B
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SECOND AMENDMENT TO THE 1972 WASTEWATER INTERCEPTOR
CAPACITY AGREEMENT DATED APRIL 12, 1972 TO MODIFY THE
COST-SHARING REACH DEFINITIONS FOR THE NEW PIPING
SEGMENTS
GENERAL MANAGER'S RECOMMENDATION
Approve a Second Amendment to the Wastewater Interceptor Capacity Agreement dated
April 12, 1972, between Orange County Sanitation District and Santa Ana Watershed
Project Authority to modify the cost-sharing reach designations for the newly installed
pipe and metering station.
BACKGROUND
Santa Ana Watershed Project Authority (SAWPA) and the Orange County Sanitation
District (Sanitation District) have been working cooperatively with the County of Orange
to realign the Santa Ana River Interceptor pipe from the Riverside/Orange County line
through Anaheim. The new pipe alignment is different than the old pipe with different
points of inflow from the local systems.
The original Agreement called for cost-sharing percentages that were based on flow
capacity splits owned by each party in each reach. A reach is defined as a portion or
segment of the proposed Santa Ana River Interceptor, selected for cost-allocation
purposes. The Agreement defined eight individual reaches. The reaches defined as
reaches 5, 6, 7, and S in the original Agreement were replaced by the County of Orange
project. The proposed Amendment redefines the cost split for future capital and
maintenance costs for the new pipeline using the same capacity utilization methodology.
Generally, SAWPA will pay the on-going capital and maintenance costs for their30 million
gallons per day percentage of the pipeline's total capacity.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with neighboring agencies
• Maintain a proactive asset management program
Page 1 d 2
PROBLEM
The Santa Ana River Interceptor pipeline has been realigned. The cost-sharing
proportions defined in the old Agreement need to be adjusted to match the new pipe
reaches.
PROPOSED SOLUTION
Amend the 1972 Agreement to reflect the new pipe alignment.
TIMING CONCERNS
This administrative change should be completed as soon as possible to clearly define the
financial responsibilities of both parties.
RAMIFICATIONS OF NOT TAKING ACTION
Lack of contractual clarity will result in unequal cost sharing.
PRIOR COMMITTEE/BOARD ACTIONS
November 2013 - First Amendment to the Wastewater Interceptor Capacity Agreement
approved by the Board of Directors.
April 1972 - Wastewater Interceptor Capacity Agreement approved by the Board of
Directors.
ADDITIONAL INFORMATION
N/A
CECIA
N/A
FINANCIAL CONSIDERATIONS
There are no new cost implications to this contractual clarification.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package:
• Second Amendment to Wastewater Interceptor Capacity Agreement
• Exhibit B to the Agreement
KM:sa:gc
Page 2 of 2
SECOND AMENDMENT TO WASTE WATER
INTERCEPTOR CAPACITY AGREEMENT
This Second Amendment to Waste Water Interceptor Capacity Agreement is entered into
by and between the Santa Ana Watershed Project Authority("SAWPA") and the Orange County
Sanitation District("OCSD"). This Second Amendment shall be effective as of February.
2018. SAWPA and OCSD are sometimes collectively referred to herein as the`Parties,"and
individually referred to as each 'Party."
RECITALS
WHEREAS, on April 12, 1972,the Chino Basin Municipal Water District("Chino
Basin") and County Sanitation District No. 2 of Orange County ("CSD No. 2") entered into the
"Waste Water Interceptor Capacity Agreement" ("1972 Capacity Agreement'),and SAWPA and
OCSD,respectively,are the successors-in-interest to Chino Basin and CSD No. 2 under the 1972
Capacity Agreement; and
WHEREAS, on July 24, 1996, SAWPA and County Sanitation Districts Nos. 1, 2, 3, 5, 6,
7, 11, 13 and 14 of Orange County entered into the "Wastewater Treatment and Disposal
Agreement' ("1996 Treatment Agreement'), Secton C.27 of the 1996 Treatment Agreement
amended the second sentence of Section D.8 of the 1972 Capacity Agreement, and OCSD is the
successor-in-interest to County Sanitation Districts Nos. 1,2, 3, 5, 6, 7, 11, 13 and 14 of Orange
County under the 1996 Treatment Agreement; and
WHEREAS, on November 21, 2013, SAWPA and OCSD entered into the"First
Amendment to Waste Water Interceptor Capacity Agreement"("First Amendment'); and
WHEREAS,the Parties desire to make certain other amendments to the 1972 Capacity
Agreement, as set forth below.
Now, therefore,the Parties agree to amend the Waste Water Interceptor Capacity
Agreement as follows:
AGREEMENT
1. The Recitals above are deemed true and correct, are hereby incorporated in this
Amendment as though fully set forth herein, and the Parties acknowledge and agree that they are
bound by the same.
2. The table in Section D.2 of the 1972 Capacity Agreement is amended and restated
in its entirety as follows:
Reach %Cost Audited Capital Cost of Reach
1 37.5%
2 43.0%
1259164.1
3 49.0%
4 55.5%
5 Abandoned 65.0%
6 Abandoned 81.0%
7 Abandoned 85.5%
8 Abandoned 100.0%
A 65.0%
B 70.0%
C 100%
D 100%
3.. Section D.5 of the 1972 Capacity Agreement is amended and restated in its
entirety as follows:
5. Operation and Maintenance Expense. SAWPA shall pay annually,upon
billing by OCSD, its proportional share of all operating and maintenance expenses
applicable to each reach of the Santa Ana River Interceptor,including ordinary repair and
property taxes,but not including depreciation. SAWPA's proportional share for each
reach shall be based on the percentages set forth in Section D.2 above for capital
payments.
4.. Exhibit`B"to the 1972 Capacity Agreement is repealed and restated in its
entirety with Exhibit`B"attached hereto.
5.. Except as expressly provided herein,this Second Amendment does not modify the
1972 Capacity Agreement or the First Amendment.
6.2. This Second Amendment may be executed in one or more counterparts, all of
which shall be considered one and the same agreement.
////Signatures continue on following page////
1259164.1
Dated: �2017 Santa Ana Watershed Project Authority
By:
Title:
Dated: � 2017 Orange County Sanitation District
By:
Title:
Dated: �2017 Santa Ana Watershed Project Authority
By:
Title: Clerk
Dated: _,2017 Orange County Sanitation District
By:
Title: Clerk
Approved as to Fonn Santa Ana Watershed Project Authority
Dated: , 2017
By:
Title: General Counsel
Approved as to Form Orange County Sanitation District
Dated: _, 2017
By:
Title: General Counsel
1259164.1
EXHIBIT "B rr
^ ♦ E \
F REACH A REACH B REACH D
tREA C
Anaheim
v.M F
111.Ps.N. LSar Kos
- 4
i
ange
�a
Y! ate.
1
f r ro,
jSan[ y° �roN
f iJl _ wYMa $ N•
i In., T on
I
l
• Reach MAS to MAS Percentage SAWPA
® --- - 1 SAR0345 37.5%
hvinr
Treatment 2 SAR0345 to SAR0390 43.0
Plant No.1 - �� 0 3 SAR0390 to SAR0420 49.0%
4 SAR0420 to SAR0450 55.5%
e° A SAR0450 to SAR0700 65.0%
B SAR0700 to SAR0811 70.0%
r4.en C SAR0811 to SAR0815 100%
D SAR0815 to SARO680 100%D
District ABBREVIATIONS DISCLAIMER
■ Treatment Plant No. 1 O M„7h,IV 4.,,MWII%oar,,.na.n ss�,DmK
Boundary RCH- REACH -mw,VVhM1 Te . .
Yorba Linda MAS- Maintenance Access D'R �
Spur Odor amol Sewer Mains Structure
Station r
Maintenance
8 Gate Structure A
Access ❑N Meter Station 00 0.512
Structure (MAS) Miles
OPERATIONS COMMITTEE Meeting Date TOBd.Of Dir.
oz/o71ts oz/ze�ia
AGENDA REPORT emNumber Item Number
9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: James Colston, Director of Environmental Services
SUBJECT: CONTRACTING AQUATIC BIOASSAY& CONSULTING
LABORATORIES, INC. FOR TAXONOMIC SERVICES
GENERAL MANAGER'S RECOMMENDATION
A. Award a service contract to Aquatic Bioassay & Consulting Laboratories, Inc.,
Specification No. S-2017-881, to provide taxonomic services, specifically infauna
sample sorting and echinoderm (e.g., sea stars)taxonomic identification, for a total
amount not to exceed $190,630, for the period March 1, 2018 through
February 28, 2019, with four(4) one-year renewal options; and
B. Approve a contingency of$19,063 (10%).
BACKGROUND
A significant part of the Orange County Sanitation District's (Sanitation District) NPDES
permit-mandated Ocean Monitoring Program is assessing the health of invertebrate
communities in the monitoring area. This requires the identification of all invertebrate
animals to species-level that are collected from 68 sites (97 total samples) per year. The
first step of the laboratory process is sample sorting. This involves removing the animals
from the rocks and other debris that are collected along with the animals and to sort them
into five major taxonomic groups (i.e., worms, snails, sea stars, shrimps, miscellaneous).
This is a time and labor-intensive process that is more cost-effective to outsource than to
have the Sanitation District staff perform. In addition, two Ocean Team staff are still in
training and some species identifications by the contractor are needed until their training
is completed.
The total cost, not to exceed $190,630 annually, is based on all possible taxonomic
services that could be required of the contractor. This includes the majority of the program
elements which are currently being performed by the Sanitation District Ocean Team
staff. The actual annual expenditure is estimated to be $70,000 for sample sorting and
echinoderm taxonomy.
RELEVANT STANDARDS
NPDES permit requirements
Page 1 of 3
PROBLEM
The Sanitation District is mandated by the NPDES permit to annually monitor and report
on benthic (ocean bottom) community health in the ocean environment that receives the
treated wastewater effluent. There is not enough staff to sort the benthic samples, nor
would it be cost-effective to hire staff for this purpose. Therefore, outside contractor
support is necessary to meet this environmental monitoring requirement.
PROPOSED SOLUTION
The contracting of Aquatic Bioassay & Consulting Laboratories, Inc. will provide the skill
set necessary to meet our permit requirements. During this time, staff will continue the
training necessary to be self-sufficient in invertebrate species identification.
TIMING CONCERNS
Ocean invertebrate samples were collected in January 2018 and are awaiting processing
and analysis. More samples will be collected in July 2018. The sorting of the January
2018 samples must be completed by May 2018 to meet taxonomic, data analysis, and
reporting requirements for the 2017-18 Marine Monitoring Annual Report submittal to
regulators.
RAMIFICATIONS OF NOT TAKING ACTION
Ocean Discharge permit compliance will not be met for receiving waters monitoring as
required.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District issued a Notice Inviting Bids in October 2017. Two bids were
received as follows:
Aquatic Bioassay & Consulting Laboratories, Inc. $190,630
Marine Taxonomic Services, LTD $227,100
Aquatic Bioassay & Consulting Laboratories, Inc. was found to be the lowest responsive
and responsible bidder. Therefore, staff recommends awarding to the firm.
CEQA
N/A
Page 2 d 3
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Budget Update FY2017-18, Line item: Page
43, Operating Expense, Professional/Contractual Services).
Date of Approval contract Amount Contingency
02/28/2018 $190,630 $19,063 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
• Service Contract
Page 3 of 3
SERVICE CONTRACT
Benthic Infauna Sorting and Taxonomic Services
Specification No. S-2017.881
THIS CONTRACT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and Aquatic Bioassay &
Consulting Laboratories, Inc. with a principal place of business at 29 N. Olive St. Ventura, CA
93001 (hereinafter referred to as "Service Provider")collectively referred to as the "Parties".
WITNESSETH
WHEREAS, OCSD desires to temporarily retain the services of Service Provider for Benthic
Infauna Sorting and Taxonomic Services"Services" as described in Exhibit"A"; and
WHEREAS, OCSD has chosen Service Provider to conduct Services in accordance with
Ordinance No. OCSD-47; and
WHEREAS, on February 28, 2018, the Board of Directors of OCSD, by minute order, authorized
execution of this Contract between OCSD and Contractor; and
WHEREAS, Service Provider is qualified by virtue of experience, training, and expertise to
accomplish such Services,
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows:
1. Introduction
1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and the
Service Provider. The terms and conditions herein exclusively govern the purchase of
Services as described in Exhibit"A".
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as
though fully set forth at length herein. Exhibits to this Contract are as follows in order of
precedence:
Exhibit"A" Scope of Work, including Appendix A
Exhibit"B" Bid Price Form
Exhibit"C" Acknowledgement of Insurance Requirements
Exhibit"D" OCSD Safety Standards
Exhibit"E" Not Used
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any
of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects
govern and control.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
Orange County Sanitation District 1 of 10 Specification No. S-2017-881
Version 052217
1.5 The various headings in this Contract are inserted for convenience only and shall not affect
the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. In the case
that a holiday falls on a weekend day, OCSD observance of the holiday shall be on the
nearest business day.
1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit"A".
1.9 Service Provider shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Service Provider as a result of work performed
in anticipation of purchases of said services by OCSD.
2. Compensation Compensation to be paid by OCSD to Service Provider for the Services
provided under this Contract shall be a total amount not to exceed One Hundred Ninety
Thousand Six Hundred Thirty Dollars ($190.630.00).
3. California Department of Industrial Relations(DIR)Registration and Record of Wailes
3.1 To the extent Service Provider's employees and/or its subcontractors who will perform Work
during the design and preconstruction phases of a construction contract for which Prevailing
Wage Determinations have been issued by the DIR and as more specifically defined under
Labor Code Section 1720 at seq, Service Provider and its subcontractors shall comply with
the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code
Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
3.2 The Service Provider and its subcontractors shall maintain accurate payroll records and
shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll
records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress
payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Service Provider and its subcontractors shall
furnish a copy of all certified payroll records to OCSD and/or general public upon request,
provided the public request is made through OCSD, the Division of Apprenticeship
Standards or the Division of Labor Enforcement of the Department of Industrial Relations.
3.4 The Service Provider and its subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(e).
4. Payments and Invoicing
4.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD's Project
Manager or designee, of itemized invoices submitted for completion of tasks and
Orange County Sanitation District 2 of 10 Specification No. S-2017-881
Version 052217
deliverables in accordance with Exhibit "A" and Exhibit "B". OCSD, at its sole discretion,
shall be the determining party as to whether the tasks and deliverables have been
satisfactorily completed.
4.2 Invoices shall be emailed by Service Provider to OCSD Accounts Payable at
APStaffCcDOCSD.com and "INVOICE" with the Purchase Order Number and 5-2017-881
shall be referenced in the subject line.
5. Audit Riahts Service Provider agrees that, during the term of this Contract and for a period
of three (3)years after its termination, OCSD shall have access to and the right to examine
any directly pertinent books, documents, and records of Service Provider relating to the
invoices submitted by Service Provider pursuant to this Contract.
6. Scope of Work Subject to the terms of this Contract, Service Provider shall perform the
Services identified in Exhibit"A". Service Provider shall perform said Services in accordance
with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing
and signed by both Parties.
6. Contract Tenn The Services provided under this Contract shall commence on March 1,
2018 through February 28, 2019.
9. Renewals
9.1 OCSD may exercise the option to renew this Contract for up to four (4) one-year periods
based upon the criteria set forth in Exhibit "A", under the terms and conditions contained
herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew.
9.2 This Contract may be renewed through the OCSD Purchase Order process.
10. Extensions The term of this Contract may be extended only by written instrument signed
by both Parties.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination
12.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate.
Upon receipt of a termination notice, Service Provider shall immediately discontinue all work
under this Contract(unless the notice directs otherwise). OCSD shall thereafter,within thirty
(30)days, pay Service Provider for work performed (cost and fee)to the date of termination.
Service Provider expressly waives any claim to receive anticipated profits to be earned
during the uncompleted portion of this Contract. Such notice of termination shall terminate
this Contract and release OCSD from any further fee, cost or claim hereunder by Service
Provider other than for work performed to the date of termination.
12.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination
that Service Provider is not complying with the Scope of Work requirements, if the level of
service is inadequate, or any other default of this Contract.
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12.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written
notice to Service Provider:
• if Service Provider becomes insolvent or files a petition under the Bankruptcy Act; or
• if Service Provider sells its business; or
• if Service Provider breaches any of the terms of this Contract; or
• if total amount of compensation exceeds the amount authorized under this Contract.
12.4 All OCSD property in the possession or control of Service Provider shall be returned by
Service Provider to OCSD upon demand, or at the termination of this Contract, whichever
occurs first.
13. Insurance Service Provider and all subcontractors shall purchase and maintain,throughout
the life of this Contract and any periods of warranty or extensions, insurance in amounts
equal to the requirements set forth in the signed Acknowledgement of Insurance
Requirements (attached hereto and incorporated herein as Exhibit "C"). Service Provider
shall not commence work under this Contract until all required insurance is obtained in a
form acceptable to OCSD, nor shall Service Provider allow any subcontractor to commence
service pursuant to a subcontract until all insurance required of the subcontractor has been
obtained. Failure to maintain required insurance coverage shall result in termination of this
Contract.
14. Bonds (Not Used)
15. Indemnification and Hold Harmless Provision Service Provider shall assume all
responsibility for damages to property and/or injuries to persons, including accidental death,
which may arise out of or be caused by Service Provider's services under this Contract, or
by its subcontractor(s)or by anyone directly or indirectly employed by Service Provider, and
whether such damage or injury shall accrue or be discovered before or after the termination
of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD,
Service Provider shall indemnify, protect, defend and hold harmless OCSD, its elected and
appointed officials, officers, agents and employees, from and against any and all claims,
liabilities, damages or expenses of any nature, including attorneys'fees: (a)for injury to or
death of any person or damage to property or interference with the use of property, arising
out of or in connection with Service Provider's performance under the Contract, and/or (b)
on account of use of any copyrighted or uncopyrighted material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the
Contract, and/or (c) on account of any goods and services provided under this Contract.
This indemnification provision shall apply to any ads or omissions, willful misconduct, or
negligent misconduct, whether active or passive, on the part of Service Provider of or
anyone employed by or working under Service Provider. To the maximum extent permitted
by law, Service Provider's duty to defend shall apply whether or not such claims,allegations,
lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations
that any of the parties to be defended were actively, passively, or concurrently negligent, or
which otherwise assert that the parties to be defended are responsible, in whole or in part,
for any loss, damage,or injury. Service Provider agrees to provide this defense immediately
upon written notice from OCSD, and with well qualified, adequately insured, and
experienced legal counsel acceptable to OCSD.
16. OCSD Safety and Human Resources Policies OCSD requires Service Provider and its
subcontractor(s) to follow and ensure their employees follow all Federal, State, and local
regulations as well as OCSD Safety Standards while working at OCSD locations. If during
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the course of the Contract it is discovered that OCSD Safety Standards do not comply with
Federal, State, or local regulations, then the Service Provider is required to follow the most
stringent regulatory requirement at no additional cost to OCSD. Service Provider and all of
its employees and subcontractors, shall adhere to all applicable OCSD Safety Standards,
SOP-607 Hazard Communication, SOP-102 PPE, and Human Resources Policies found at:
OCSD.com, under "About Us", 'Transparency", "Safety and Human Resources Policy". All
applicable OCSD Safety and Human Resources Policies are hereby incorporated by
reference as though fully set forth herein in Exhibit"D".
17. Warranties Service Provider's Warranty (Guarantee): If within a one (1) year period of
completion of all work as specified in Exhibit"A", OCSD informs Service Provider that any
portion of the Services provided fails to meet the standards required under this Contract,
Service Provider shall, within the time agreed to by OCSD and Service Provider, take all
such actions as are necessary to correct or complete the noted deficiency(ies) at Service
Provider's sole expense.
18. Liguidated Damages (Not Used)
19. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected
by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract.
20. Freight (F.O.B. Destination) Service Provider assumes full responsibility for all
transportation, transportation scheduling, packing, handling, insurance, and other services
associated with delivery of all products deemed necessary under this Contract.
21. Familiarity with Work By executing this Contract, Service Provider warrants that: 1)it has
investigated the work to be performed; and 2) it understands the facilities, difficulties and
restrictions of the work under this Contract. Should Service Provider discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Service
Provider's risk, until written instructions are received from OCSD.
22. Regulatory Requirements Service Provider shall perform all work under this Contract in
strict conformance with applicable Federal, State, and local regulatory requirements
including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22,
23, and California Water Codes Division 2.
23. Licenses, Permits. Ordinances and Regulations Service Provider represents and
warrants to OCSD that it has obtained all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to engage in this work. Any and all fees required
by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the
work performed under the terms of this Contract will be paid by Service Provider.
24. Applicable Laws and Regulations Service Provider shall comply with all applicable
Federal, State, and local laws, rules, and regulations. Service Provider also agrees to
indemnify and hold harmless from any and all damages and liabilities assessed against
OCSD as a result of Service Provider's noncompliance therewith. Any permission required
by law to be included herein shall be deemed included as a part of this Contract whether or
not specifically referenced.
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25. Service Provider's Employees Compensation
25.1 Davis-Bacon Act — Service Provider will pay and will require all subcontractors to pay all
employees on said project a salary or wage at least equal to the prevailing rate of per diem
wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for
each craft or type of worker needed to perform the Contract. The provisions of the Davis-
Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00)
and when twenty-five percent (25%) or more of the Contract is funded by Federal
assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon
Act to be complied with are incorporated herein as a part of this Contract and referred to by
reference.
25.2 General Prevailing Rate — OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and
the general prevailing rate for legal holiday and overtime work in the locality in which the
work is to be performed for each craft or type of work needed to execute this Contract, and
copies of same are on file in the Engineering Department. The Service Provider agrees that
not less than said prevailing rates shall be paid to workers employed on this Contract as
required by Labor Code Section 1774 of the State of California. Per California Labor Code
1773.2,OCSD will have on file copies of the prevailing rate of per diem wages at its principal
office and at each project site, which shall be made available to any interested party upon
request.
25.3 Forfeiture For Violation — Service Provider shall, as a penalty to OCSD, forfeit fifty dollars
($50.00)for each calendar day or portion thereof for each worker paid (either by the Service
Provider or any subcontractor under it) less than the prevailing rate of per diem wages as
set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the
California Labor Code for the work provided for in this Contract, all in accordance with
Section 1775 of the Labor Code of the State of California.
25.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices are applicable to this Contract and the Service
Provider shall comply therewith if the prime contract involves thirty thousand dollars
($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty
contractors not bidding for work through the general or prime Service Provider are two
thousand dollars ($2,000.00)or more or five (5)working days or more.
25.5 Workday—In the performance of this Contract, not more than eight(8)hours shall constitute
a day's work, and the Service Provider shall not require more than eight (8) hours of labor
in a day from any person employed by it hereunder. Service Provider shall conform to Article
3, Chapter 1, Part 7 (Section 1810 et seq.)of the Labor Code of the State of California and
shall forfeit to OCSD as a penalty, the sum of twenty-five dollars ($25.00) for each worker
employed in the execution of this Contract by Service Provider or any subcontractor for each
calendar day during which any worker is required or permitted to labor more than eight (8)
hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of
said Article. Service Provider shall keep an accurate record showing the name and actual
hours worked each calendar day and each calendar week by each worker employed by
Service Provider in connection with the project.
25.6 Record of Wages; Inspection—Service Provider agrees to maintain accurate payroll records
showing the name, address, social security number, work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
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journeyman, apprentice, worker or other employee employed by it in connection with the
project and agrees to require that each of its subcontractors do the same. All payroll records
shall be certified as accurate by the applicable Service Provider or subcontractor or its agent
having authority over such matters. Service Provider further agrees that its payroll records
and those of its subcontractors shall be available to the employee or employee's
representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section
1776, in general. Penalties for non-compliance with the requirements of Section 1776 may
be deducted from project payments per the requirements of Section 1776.
26. South Coast Air Quality Management District's (SCAQMD)Requirements It is Service
Provider's responsibility that all equipment furnished and installed be in accordance with the
latest rules and regulations of the South Coast Air Quality Management District(SCAQMD).
All Contract work practices, which may have associated emissions such as sandblasting,
open field spray painting or demolition of asbestos containing components or structures,
shall comply with the appropriate rules and regulations of the SCAQMD.
27. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange, in the event
any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Contract or default
thereunder. Any breach by Service Provider to which OCSD does not object shall not
operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent
breach.
29. Remedies In addition to other remedies available in law or equity, if the Service Provider
fails to make delivery of the goods or Services or repudiates its obligations under this
Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or
Services, OCSD may(1)cancel the Contract; (2)recover whatever amount of the purchase
price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase,
substitute goods or Services for those due from Service Provider. In the event OCSD elects
to "cover" as described in (3), OCSD shall be entitled to recover from Service Provider as
damages the difference between the cost of the substitute goods or Services and the
Contract price, together with any incidental or consequential damages.
30. Dispute Resolution
30.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights
or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute
by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the
dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
30.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
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those two(2)arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05.
The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make
such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws
of the State of California. The arbitrator's decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
31. Attorney's Fees If any action at law or in equity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
32. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Fomm for Enforcement, shall survive termination or expiration of this Contract.
33. Severablllty If any section, subsection, or provision of this Contract, or any agreement or
instrument contemplated hereby, or the application of such section, subsection,or provision
is held invalid,the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
34. Damage to OCSD's Property Any of OCSD's property damaged by Service Provider, any
subcontractors or by the personnel of either will be subject to repair or replacement by
Service Provider at no cost to OCSD.
35. Disclosure Service Provider agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
36. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Service Provider an
OCSD employee. During the performance of this Contract,Service Provider and its officers,
employees, and agents shall act in an independent capacity and shall not act as OCSD's
officers, employees, or agents. Service Provider and its officers, employees, and agents
shall obtain no rights to any benefits which accrue to OCSD's employees.
37. Limitations upon Subcontracting and Assignment Service Provider shall not delegate
any duties nor assign any rights under this Contract without the prior written consent of
OCSD. Any such attempted delegation or assignment shall be void.
36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OCSD and Service Provider.
39. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall
be personally liable to Service Provider, or any successor-in-interest, in the event of any
default or breach by OCSD or for any amount which may become due to Service Provider
or to its successor, or for breach of any obligation for the terms of this Contract.
40. Read and Understood By signing this Contract, Service Provider represents that he has
read and understood the terms and conditions of the Contract.
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41. Authority to Execute The persons executing this Contract on behalf of the Parties warrant
that they are duly authorized to execute this Contract and that by executing this Contract,
the Parties are formally bound.
42. Entire Contract This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
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43. Notices All notices under this Contract must be in writing. Written notice shall be delivered
by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed
destination and provides proof of delivery to the sender. Rejection or other refusal to accept
or the inability to deliver because of changed address for which no notice was given as
provided hereunder shall be deemed to be receipt of the notice, demand or request sent.
All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Service Provider: Aquatic Bioassay&Consulting Laboratories, Inc.
Scott Johnson
29 N. Olive Street
Ventura, CA 93001
Each party shall provide the other party written notice of any change in address as soon as
practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Gregory C. Sebourn, PLS
Chair, Board of Directors
Dated: By:
Kelly Lore
Clerk of the Board
Dated: By:
Contracts, Purchasing and Materials
Management Manager
AQUATIC BIOASSAY& CONSULTING LABORATORIES, INC.
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
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OPERATIONS COMMITTEE Meeting Date TO Bd.of Dir.
OJJ07/IS 02/28/18
AGENDA REPORT Item Number Rem Number
I0
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT
AT PLANT NO. 1, PROJECT NO. FE15-07
GENERAL MANAGER'S RECOMMENDATION
A. Award a construction contract to Helix Electrical, Inc.for Secondary Treatment and
Plant Water VFD Replacement at Plant No. 1, Project No. FE15-07, for a total
amount not to exceed $1,797,000; and
B. Approve a contingency of$179,700 (10%).
BACKGROUND
Variable frequency drives (VFDs) are used to control the speed of motors, allowing for
control of equipment to accommodate changing process conditions. VFDs and the
associated power and control cables for nine large horsepower pumps and 10 small
horsepower pumps/mixing arms located at Plant No. 1 have reached the end of their
useful life and require replacement.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• CA Government Code Section 20753: Award to the "Lowest Responsive and
Responsible Bidder"
PROBLEM
The VFDs have reached their useful life and replacement parts are becoming harder to
locate. Subsequent failures would pose safety and reliability concerns and could impact
the treatment process operations. Power and control cables associated with these VFDs
will also need to be replaced.
PROPOSED SOLUTION
Replace the VFDs and associated cables with new, more reliable equipment while
following the Orange County Sanitation District (Sanitation District) design standards.
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TIMING CONCERNS
The schedule driver for this project is to replace VFDs prior to failure, which could
potentially result in additional costly repairs.
RAMIFICATIONS OF NOT TAKING ACTION
Reliability risks associated with the loss of these VFDs will continue, along with the
potential need for expensive and disruptive emergency repairs.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District advertised Project No. FE15-07 for bids on October 18, 2017 and
five sealed bids were received on December 19, 2017. A summary of the bid opening
follows:
Engineer's Estimate $1,918,226
Bidder Amount of Bid
Helix Electric, Inc. $ 1,797,000
LEED Electric, Inc. $ 1,984,000
KDC, Inc. dba Dynalectric $ 2,109,769
CSI Electrical Contractors, Inc. $ 2,185,000
Baker Electric, Inc. $ 2,681,130
The bids were evaluated in accordance with the Sanitation District's policies and
procedures. A notice was sent to all bidders on January 12, 2018 informing them of the
intent of Sanitation District staff to recommend award of the construction contract to Helix
Electric, Inc.
Staff recommends awarding a construction contract to the lowest responsive bidder, Helix
Electrical, Inc. for the Secondary Treatment and Plant Water VFD Replacement at Plant
No. 1, Project No. FE15-07.
CEQA
This project is exempt from CEQA under the Class 1 categorical exemptions set forth in
California Code of Regulations Section 15301. Section 15301 (Class 1) exempts from
CEQA "the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency's determination' including "(b) Existing facilities of both
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investor and publicly-owned utilities used to provide electric power, natural gas,
sewerage, or other public utility services." The project consists of minor alterations to
existing public facilities.
A Notice of Exemption will be filed with Orange County Clerk-Recorder following the
Board approval of the agenda report.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation Districts Purchasing
Ordinance. This item has been budgeted under the Facilities Engineering Program -
Plant, (Budget Update FY 2017-18, Appendix A-9, M-FE-Plant) and the budget is
sufficient for the recommended action.
Date of Approval Contract Amount Contingency
02/28/2018 $1,797,000 $179,700 (10%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OCSD website(www.ocsd.com)with the complete
agenda package:
Construction Contract
RB:dm:gc
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PART A
CONTRACT AGREEMENT
C-CA-011317
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION - 1 GENERAL CONDITIONS..................................................................1
SECTION -2 MATERIALS AND LABOR.................................................................4
SECTION -3 PROJECT..........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................5
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................6
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ..............................................................................................9
SECTION - 13 COMPLETION.................................................................................10
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................12
SECTION - 16 INSURANCE....................................................................................13
SECTION - 17 RISK AND INDEMNIFICATION.......................................................21
SECTION - 18 TERMINATION................................................................................21
SECTION - 19 WARRANTY....................................................................................22
SECTION -20 ASSIGNMENT.................................................................................23
SECTION -21 RESOLUTION OF DISPUTES ........................................................23
SECTION -22 SAFETY& HEALTH ........................................................................23
SECTION -23 NOTICES.........................................................................................23
C-CA-011317
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE15-07
SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1
THIS AGREEMENT is made and entered into, to be effective, this February 28, 2018, by and
between Helix Electric, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County
Sanitation District, hereinafter referred to as "OCSD".
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION-1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR's investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
"Contract Documents" refers to those documents identified in the definition of"Contract
Documents" in the General Conditions—Definitions.
C-CA-011317
PROJECT NO. FE15-07
SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1
CONFORMED
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1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements—the last in time being the first in precedence
b. Addenda issued prior to opening of Bids—the last in time being the first in
precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
I. Plans and Specifications—in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
H. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR'S Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-011317
PROJECT NO. FE15-07
SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1
CONFORMED
Page 2 of 25
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
C. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR's attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD's
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR's own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION—2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR'S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION-3 PROJECT
The Project is described as:
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SECTION -4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
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Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION—5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within 690 calendar days from the date of the "Notice to
Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in
Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for
completion includes Five (5) calendar days determined by OCSD likely to be inclement weather
when CONTRACTOR will be unable to work.
SECTION—6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
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and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION—7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, "Extensions for Delay", and the General
Requirements, "By CONTRACTOR or Others—Unknown Utilities during Contract Work".
Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, "Extension of Time for Delay" and
"Contract Price Adjustments and Payments", and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION—S EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated
Changes", and "Contract Price Adjustments and Payments".
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD's ENGINEER. The decision of the ENGINEER shall be final.
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SECTION-9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER
Initiated Changes".
SECTION-10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
"Liquidated Damages and Incentives."
SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of One Million Seven Hundred Ninety-Seven Thousand
($1,797,000) as itemized on the Attached Exhibit"A".
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
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not limited to Sections entitled "Mobilization Payment Requirements" and "Payment
Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four(4)week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, "Payment for Work—General". The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD's ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
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B. As used in this Section, the following defined terms shall have the following meanings:
1. "Net Progress Payment' means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. "Progress Payment' means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
C. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. "Retention Amount'for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions—"Retained Funds; Substitution of
Securities."
SECTION-12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions—"Retained Funds;
Substitution of Securities."
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SECTION - 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A-
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
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agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight(8) hours shall constitute a day's
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.)of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
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required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration: Record of Wages: Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(a).
SECTION-15 SURETYBONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD's General Counsel—one in the amount of one hundred percent(100%)of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%)of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
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Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION— 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, "Final Acceptance and Final Completion'. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
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CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
"Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated
Changes", the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the "Third
Parties"), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties' insurance requirements and those set forth by OCSD herein, the
requirements) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general
aggregate limit of Five Million Dollars ($5,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
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a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Five Million Dollars
($5,000,000) per occurrence and a general aggregate limit of Five Million
Dollars ($5,000,000)which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions.
C. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR's Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
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h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either(1)a combined single limit of Five Million Dollars ($5,000,000) and a general
aggregate limit of Five Million Dollars ($5,000,000)for bodily injury, personal injury
and property damage;
Or alternatively, (2) Five Million Dollars ($5,000,000) per person for bodily injury and
Five Million Dollars ($5,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable by OCSD.
5. Worker's Compensation/Emolover's Liability: CONTRACTOR shall provide such
Worker's Compensation Insurance as required by the Labor Code of the State of
California, including employer's liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
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liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by
subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OCSD, its
or their officers, agents, or employees, and any other contractor or subcontractor
performing Work or rendering services on behalf of OCSD in connection with the
planning, development and construction of the Project. In all its insurance coverages
related to the Work, CONTRACTOR shall include clauses providing that each insurer
shall waive all of its rights of recovery by subrogation against OCSD, its or their
officers, agents, or employees, or any other contractor or subcontractor performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR
shall require similar written express waivers and insurance clauses from each of its
Subcontractors of every tier. A waiver of subrogation shall be effective as to any
individual or entity, even if such individual or entity (a)would otherwise have a duty
of indemnification, contractual or otherwise, (b)did not pay the insurance premium,
directly or indirectly, and (c)whether or not such individual or entity has an insurable
interest in the property damaged.
6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
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insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty(30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10)days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
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changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20)days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s)will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at
least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of workers compensation
insurance, subject to OCSD's option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20)days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of written notice to
CONTRACTOR by OCSD or its agent.
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E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations
and work. OCSD and any public agency issuing permits for the Project must be named as
"Additional Insured"on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are listed in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
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a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
C. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
3. Reauired State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
4. Additional Reauired Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION-17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
SECTION-18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
"Termination for Default" and/or"Termination for Convenience", provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
C-CA-011317
PROJECT NO. FE15-07
SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1
CONFORMED
Page 21 of 25
made at the time and in the manner provided in the General Conditions, "Termination for
Default" and "Termination for Convenience".
SECTION—19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD's designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final
Completion" that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any
corrected deficiency until the later of(1)the remainder of the original one-year warranty period;
or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
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SECTION-20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION—21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION—22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled "Safety" and Exhibit B OCSD Safety Standards.
SECTION-23 NOTICES
Any notice required or permitted under this Contract may be given by ordinary mail at the
address set forth below. Any party whose address changes shall notify the other party in
writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Construction Manager
C-CA-011317
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Bradley R. Hogin, Esquire
Woodruff, Spradlin &Smart
555 Anton Boulevard
Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: Helix Electric, Inc.
6795 Flanders Drive
San Diego, CA 92121
Copy to: Raff Oghassabian
Vice President of Estimating
Helix Electric, Inc.
6795 Flanders Drive
San Diego, CA 92121
C-CA-011317
PROJECT NO. FE15-07
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Page 24 of 25
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Helix Electric, Inc.
6795 Flanders Drive
San Diego, CA 92121
By
Printed Name
Its
CONTRACTOR's State License No. 483309 (Expiration Date 11/30/2019)
OCSD: Orange County Sanitation District
By
Gregory C. Sebourn, PLS
Chair, Board of Directors
By
Kelly A. Lore
Clerk of the Board
By
Marc Dubois
Contracts, Purchasing and Materials
Management Manager
C-CA-011317
PROJECT NO. FE15-07
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Page 25 of 25
EXHIBIT A
SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION.............................................................................1
EXA-2 PROGRESS PAYMENTS ..................................................................................1
EXA-3 RETENTION AND ESCROW ACCOUNTS........................................................1
EXA-4 STOP PAYMENT NOTICE.................................................................................3
EXA-5 PAYMENT TO SUBCONTRACTORS................................................................3
EXA-6 PAYMENT OF TAXES .......................................................................................3
EXA-7 FINAL PAYMENT...............................................................................................4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT...5
ATTACHMENT 1 -CERTIFICATION FOR REQUEST FOR PAYMENT.........................7
ATTACHMENT 2-SCHEDULE OF PRICES...................................................................8
C-EXA-080414
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of
Prices, and all other applicable terms and conditions of the Contract
Documents.
EXA-2 PROGRESSPAYMENTS
Progress payments will be made in accordance with all applicable terms and
conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement—Section 11 —"Contract Price and Method of
Payment;"
2. General Conditions—"Payment—General";
3. General Conditions—"Payment—Applications for Payment';
4. General Conditions—"Payment— Mobilization Payment Requirements;'
5. General Conditions—"Payment— Itemized Breakdown of Contract Lump
Sum Prices";
6. General Conditions—"Contract Price Adjustments and Payments";
7. General Conditions—"Suspension of Payments";
8. General Conditions—"OCSD's Right to Withhold Certain Amounts and
Make Application Thereof"; and
9. General Conditions—"Final Payment."
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure
satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions—
"Retained Funds; Substitution of Securities". In all contracts between
CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions—"Retained Funds; Substitution of Securities." Payment of
Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may
request and OCSD shall make payment of retention earned directly to the
escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the
payments into securities consistent with Government Code §16430 and the
CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the
CONTRACTOR. Upon satisfactory completion of the Contract, the
CONTRACTOR shall receive from the escrow agent all securities, interest and
payments received by the escrow agent from OCSD, pursuant to the terms of
this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20)calendar days after receipt of the payment, the respective amount
of interest earned, net of costs attributed to retention withheld from each
Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent
pursuant to this article shall be substantially similar to the form set forth in
§22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract.
D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each
progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for
progress payment;
2. Deductions from previous progress payments already paid, due to OCSD's
discovery of deficiencies in the Work or non-compliance with the
Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR'S
obligations under the Contract that the CONTRACTOR has failed to
perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR
under the terms of the Contract, including without limitation insurance
deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a
progress payment shall not constitute a waiver of OCSD's right to such sums or
to deduct them from a later progress payment.
EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other
provisions of the Contract, OCSD shall retain from progress payments
otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%)of the amount claimed under any stop payment notice under
Civil Code §9350 at. seq. or other lien filed against the CONTRACTOR for
labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other
alleged contribution thereto. In addition to the foregoing and in accordance with
Civil Code§9358 OCSD may also satisfy its duty to withhold funds for stop
payment notices by refusing to release funds held in escrow pursuant to public
receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent
jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR
has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after
receipt of each progress payment as required by the California Business
and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article
progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of
Work performed by such Subcontractors not later than seven (7)days after
CONTRACTOR'S receipt of said retention proceeds from OCSD as
required by the California Public Contract Code§7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price
includes full compensation to the CONTRACTOR for all taxes. The
CONTRACTOR shall pay all federal, state, and local taxes, and duties
applicable to and assessable against any Work, including but not limited to
retail sales and use, transportation, export, import, business, and special taxes.
The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews,
confirming that tax payments are current at all times.
C-EXA-080414
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Page 3 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, "Final Acceptance and Final Completion", and after
Resolution of the Board authorizing final payment and satisfaction of the
requirements as more particularly set forth in General Conditions—"Final
Payment", a final payment will be made as follows:
1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by
items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each
Subcontractor(per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the
CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of
any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which
the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is
resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory
to OCSD, arising out of or filed in connection with the Work. Prior progress
payments shall be subject to correction in OCSD's review of the application
for Final Payment. Claims filed with the application for Final Payment must
be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR'S
application for Final Payment. Any recommended changes or corrections
will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will
make the changes, or list Claims that will be filed as a result of the
changes, and shall submit the revised application for Final Payment. Upon
C-EXA-080414
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CONFORMED
Page 4 of 8
acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final
Payment, OCSD, in exchange for an executed release, satisfactory in form
and substance to OCSD, will pay the entire sum found due on the approved
application for Final Payment, including the amount, if any, allowed on
settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims
arising under the Contract, except for Claims that with the concurrence of
OCSD are specifically reserved, and shall release and waive all unreserved
Claims against OCSD and its officers, directors, employees and authorized
representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are
related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to
resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%)
of the amounts of open stop payment notices referred to in article entitled
stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on
final payment from each Subcontractor and Supplier providing Work under
the Contract(per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138)within thirty (30)days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD's acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made,
OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
C-EXA-080414
PROJECT NO.FE15-07
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Page 5 of 8
2. The previously-accepted Work did not in fact conform to the Contract
requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages
from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-080414
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CONFORMED
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ATTACHMENT 1 —CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows:
That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the
Contract.
I understand that it is a violation of both the federal and California False Claims Ads to
knowingly present or cause to be presented to OCSD a false claim for payment or
approval.
A claim includes a demand or request for money. It is also a violation of the False
Claims Acts to knowingly make use of a false record or statement to get a false claim
paid. The term "knowingly" includes either actual knowledge of the information,
deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary
under the False Claims Acts. I understand that the penalties under the Federal False
Claims Ad and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law.
I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the
Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments
received under the Contract, and timely payments will be made from the proceeds of
the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime
CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractors
performance.
Name
Title
Dale
C-EXA-080414
PROJECT NO.FE15-07
SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1
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Page 7 of 8
ATTACHMENT
SCHEDULE OF PRICES
See next pages for Bid Submittal Forms (Helix Electric, Inc.)
BF-14 Schedule of Prices, Page 1 -2
C-EXA-080414
PROJECT NO.FE15-07
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CONFORMED
Page 8 of 8
Bid Submitted By: Helix Electric, Inc.
tNrma of FLrm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work,whether they be
more or less than those shown. CONTRACTOR'S compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
detennine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work
including Profit, overhead, etc., unless otherwise specified in the Contract Documents All
applicable sales taxes state and/or federal and any other special taxes Patent rights or
rovalties shall be included in the Prices quoted in this Bid
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE-TOTAL
AMOUNT OF BID"LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
Bidders shall accurately reflect the cost to perform the Work. OCSD may reject unbalanced
Bids. Refer to Part 2—INSTRUCTIONS TO BIDDERS.
BF-14 SCHEDULE OF PRICES C-BF-050517
PROJECT NO.FE15-07
SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1
Page 1 of 2
Bid Submitted By:_ Helix Electric. Inc.
)Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
it..
Deacrlton Unit of
Measurement r UN[Price Extended Price
1. Mobilization: Furnish all labor, materials and equipment and other activities
required for mobilization in conformance with the Contract Documents.
The amount for this Bid Item shall not exceed[A�G"f the Total Amount of Lump Sum 1 = $ 70 000
Bid and shall be in conformance with the Contract Documents for the lump
sum price of...
2. Furnish all labor, materials, equipment and services necessary for the
completion of the Contract Work of PROJECT NO. FE15-07,SECONDARY 7 21 000
TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1, Lump Sum 1 T 1, i
except for the work specified under Bid Item No. 1, in conformance with the
Contract Documents, for a lump sum price o/... p
TOTAL AMOUNT OF BID(BASIS OF AWARD) $ I,191r 000
BF-14 SCHEDULE OF PRICES C-BF-050517
PROJECT NO. FE15-07
SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TO%BalfDlr.
02/07/18 02/2 /I8
AGENDA REPORT Item Numbe Item Number
u
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: PROCESS CONTROL SYSTEMS UPGRADES STUDY, PROJECT
NO. SP-196
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Services Agreement with Stantec Consulting Services,
Inc. to provide engineering services for the Process Control Systems Upgrades
Study, Project No. SP-196, for an amount not to exceed $1,398,866; and
B. Approve a contingency of$139,887 (10%).
BACKGROUND
The process Supervisory Control and Data Acquisition (SCADA) system provides
essential monitoring, control and archiving of data, and is required for regulatory
compliance. The existing SCADA system utilizes programmable logic controllers (PLCs)
and a Human-Machine-Interface (HMI) system consisting of networks, servers,
workstations, software, and a data archiving system referred to as a historian.
The existing HMI was built on the use of VAX workstations originally sold by DEC
computers and discontinued in the 1990s. The system requires the use of VAX
workstations or newer computers running emulation software. The HMI software
package, CRISP, is no longer supported by any vendor, and there are few people in the
workforce outside the Orange County Sanitation District (Sanitation District) who can
support the software. This situation is likely to become increasingly difficult with time.
The existing PLC model has reached the end of commercial availability and requires the
selection of a new model for future designs. Sufficient spare parts have been purchased
by the Sanitation District for system maintenance.
RELEVANT STANDARDS
• 1, 5, 20-year planning horizons
• 24/7/365 treatment plant reliability
PROBLEM
The current HMI system cannot be maintained and upgraded in the long term. The
current PLC model is no longer available for purchase.
Page 1 of 5
PROPOSED SOLUTION
Conduct a study to plan the replacement of the HMI and PLC systems. The size and
complexity of this study requires the services of a Consultant experienced with SCADA
system upgrades at other large facilities.
TIMING CONCERNS
The existing HMI and PLC systems have been in service for over 20 years and have
become obsolete. Finding programmers with the appropriate skill set in the HMI system
is becoming difficult. The existing SCADA system needs to be replaced in a phased
approach. The SCADA Replacement Study is the first step to replace the existing system.
RAMIFICATIONS OF NOT TAKING ACTION
It will become difficult overtime to support and maintain the HMI software due to staff and
Consultant retirements in the next 10 years. Repair of the current PLC hardware will not
be available over time.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection
The Sanitation District requested and advertised for proposals for Process Control
Systems Upgrades Study, Project No. SP-196, on September 22, 2017. The following
evaluation criterion were described in the Request for Proposals (RFP) and used to
determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 40%
Related Project Experience 30%
Project Team and Staff Qualifications 30%
Three proposals were received on November 29, 2017. An Evaluation Team consisting
of the following Sanitation District staff reviewed the proposals.
Richard Birdsall Project Manager
Sterling Harris Project Engineer
Mike Dorman Engineering Manager
Page 2 of 5
Riaz Moinuddin Engineering Manager
Frank Steiger Engineering Supervisor
Dave Halverson Engineering Supervisor(Non-Voting member)
Natasha Dubrovski Principal Contract Administrator(Non-Voting member)
Ludwig Lapus Contract Administrator (Non-Voting member)
The Evaluation Team reviewed and ranked each of the proposals in accordance with the
evaluation process set forth in the Sanitation District's Purchasing Ordinance.
After reviewing and scoring the proposals, three Consultant firms were ranked according
to the score achieved. The Evaluation Committee interviewed the top two proposing firms
to meet the proposed key team members and further evaluate the firms' proposals.
Pursuant to the results of the interview, the Evaluation Committee selected Stantec
Consulting Services, Inc. as the top-ranked firm as shown in Table 1. Based on the
ranking shown below, Stantec Consulting Services, Inc. was selected as the most
qualified Consultant.
TABLE 1
PROPOSAL EVALUATION
Consultant Evaluator Stantec Consulting EMA
Services, Inc.
Evaluator 1 1 2
Evaluator 2 1 2
Evaluator 3 1 2
Evaluator 4 1 2
Evaluator 5 1 2
Combined Ranking 1 2
Stantec Consulting Services, Inc. was selected based on the strength of their previous
experience and approach to determining the best SCADA system and documenting the
process.
Review of Fee Proposal and Negotiations
Proposals were accompanied by sealed fee proposals. In accordance with the Sanitation
District's Purchasing Ordinance, the fee proposal of only the highest-ranked firm was
opened after approval by the Director of Engineering of the Evaluation Committee's
recommendation.
Page 3 of 5
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
architectural and engineering services and to negotiate a "fair and reasonable" fee with
that firm.
Staff conducted multiple negotiation meetings with Stantec Consulting Services, Inc. to
clarify the requirements of the Scope of Work, the assumptions used for the estimated
level of effort, and the proposed approach to meet the goals and objectives for the project.
Original Fee
Proposal Negotiated Fee
Total Hours 4,994 5,355
Total Fee $1,346,122 $1,398,866
The Consultant's fringe and overhead costs, which factor into the billing rate, have been
substantiated. The contract profit is 8.16%, which is based on an established formula
based on the Sanitation District's standard professional agreements.
Based on the above, staff has determined that the final negotiated fee is fair and
reasonable for the level of effort required for this project and recommends award of the
Professional Services Agreement to Stantec Consulting Services, Inc.
CEQA
The proposed Study is exempt from CEQA pursuant to the Feasibility and Planning
Studies statutory exemption (CEQA Guidelines section 15262). CEQA Guidelines
section 15262 exempts from CEQA those projects "involving only feasibility or planning
studies for possible future actions which the agency, Board, or commission has not
approved, adopted, or funded." Thus, a project involving only feasibility or planning
studies for possible future actions which the agency has not approved, adopted, orfunded
does not require that preparation of an EIR or negative declaration.
The proposed Process Control Systems Upgrades Study, Project No. SP-196, will be
used solely as a planning tool to evaluate possible future actions and develop long-term
planning strategies for upgrading the current system. The Sanitation District has not
approved, adopted, funded, or otherwise authorized any future actions relating to the
Process Control Systems or any other facilities to be analyzed in the Study. The Study
is therefore eligible for an exemption from CEQA under CEQA Guidelines section 15262
and no further action is required
The Sanitation District will file and record a Notice of Exemption for this project with the
County of Orange Clerk-Recorder, following Board award of this construction contract.
Page 4 of 5
FINANCIAL CONSIDERATIONS
This request complies with the authority levels in the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY 2016-17 and 2017-2018,
Section 8, Page 77) and the project budget is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
02/28/2018 $1,398,866 $139,887(10%)
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
RB:dm:gc
Page 5 of 5
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 28" day of March,
2018, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to
as "SANITATION DISTRICT', and ((Company Names, 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 Process
Control Systems Upgrades Study, Project No. SP-196, to provide professional services and
provide services for the study project to review and evaluate commercially available Supervisory
Control and Data Acquisition (SCADA)systems and Distributed Control Systems (DCS) and
select an appropriate replacement for the existing CRISP human machine interface (HMI)and
Modicon Quantum programmable logic controllers (PLCs). In addition, the study will include
recommendations for future enhancements and development of a preliminary implementation
plan; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional 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 March 28, 2018 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 necessary professional 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, and completeness and coordination 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 for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
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B. CONSULTANT is responsible for the quality of work prepared under this
AGREEMENT and shall ensure that all work is performed to the highest industry
standards 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 the work 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 for the level of
work submitted (i.e. correct references, terms, capitalization or equal status,
spelling, punctuation, etc.)
C. In the event that CONSULTANTS 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. Any CADD drawings, figures, and other work produced by CONSULTANT and
Subconsultants using the SANITATION DISTRICT CAD Manual. 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 conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
require advance written approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of thirty (30)calendar
days during which the SANITATION DISTRICT shall perform appropriate reviews
and including CAD Manual compliance. CONSULTANT shall correct any
discrepancies or errors detected and reported within the acceptance period at no
additional cost to the SANTITATION DISTRICT.
E. All professional services performed by the CONSULTANT, including, but not
limited to, all drafts, data, correspondence, proposals, and reports 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.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
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A. Total Compensation
Total compensation shall be in an amount not to exceed eConsultantTotalDollarn
Dollars ($aConsultantTotalDollaro). 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
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 Attachment"J"— Minor Subconsultant Hourly Rate Schedule and as
PSA -3- PROJECT NO. SP-196
Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY
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
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.
G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to
modifications in scope of work resulting from field investigations and field work
required by Contract. These items may include special equipment, test
equipment and tooling and other materials and services not previously identified.
Refer to attachment"D"Allowable Direct Costs for payment information.
H. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D" -Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan" as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical
means or management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem" as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
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Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT geographical area which includes Orange, Los Angeles, Ventura, San
Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile
mileage is reimbursable if CONSULTANT is required to utilize personal vehicle
for local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"D"-Allowable Direct Costs of this Agreement.
I. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
own risk. This written notice shall be provided separately from, and in addition to
any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
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, in a format acceptable to the
SANITATION DISTRICT. 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.
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B. 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, and 8) budget status and amount
remaining. Such requests shall be accompanied by such supporting data 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.
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,
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
Project in its entirety.
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 DISTRICT's 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 based on the monthly statements, 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
PSA -6- PROJECT NO. SP-196
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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(a) 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
A. To the extent CONSULTANT intends to utilize employees who will perform work
during the contract, as more specifically defined under Labor Code Section 1720,
CONSULTANT shall be subject to prevailing wage requirements with respect to
such employees.
6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform Work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 at sec,
CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the
DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
PSA -7- PROJECT NO. SP-196
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C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(3).
7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. Ownership of Documents for the Professional 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 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 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.
8. 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
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DISTRICT will require CONSULTANT to substitute any insurer whose
rating drops below the levels herein specified. Said substitution shall
occur within twenty (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:
One Million Dollars ($1,000,000) per occurrence with One Million Dollars
($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)and Riggers/On Hook Liability 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 One Million Dollars ($1,000,000) 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.
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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 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. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
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 Five Million Dollars
($5,000,000)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
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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 (5/2010)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 1001 and CG 2037 1001
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 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 (512010) 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 Risk Management,
Div. 260, 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.
PSA -11- PROJECT NO. SP-196
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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 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.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
9. SCOPE CHANGES
In the event of a change in the Scope of Work or a change in the proposed Project, as
requested by the SANITATION DISTRICT, the Parties hereto shall execute an
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Amendment to this AGREEMENT setting forth with particularity all terms of the new
AGREEMENT, including, but not limited to any additional CONSULTANT's fees.
10. 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 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 Project
team member. CONSULTANT shall include the respective compensation amounts for
CONSULTANT and each Subconsultant, 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.
11. ENGINEERING REGISTRATION
The CONSULTANTS personnel and Subconsultants 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, the services of a registered engineer is required, such services
hereunder will be performed under the direct supervision of registered engineers who
are registered in California.
12. 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
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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.
13. 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 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.
14. 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
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Natasha Dubrovski, Principal Contracts Administrator
Copy: Richard Birdsall, Project Manager
CONSULTANT:
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All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
15. 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.
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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 Section 14 - NOTICES.
16. 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, electronic materials, computation and study materials in
its files pertaining to the work described in this AGREEMENT, which is requested in
writing by the SANITATION DISTRICT.
17. 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.
18. 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.
19. 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.
20. ATTORNEYS FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this 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.
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
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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
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.
PSA -16- PROJECT NO. SP-196
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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 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.
24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, as applicable, all of which may be
amended from time to time.
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:
I. 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 the AGREEMENT Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
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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.
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Seboum, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
«Company»
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts, Purchasing and
Materials Management Manager
Attachments: Attachment "A"—Scope of Work
Attachment"B"—Labor Hour Matrix
Attachment"C"—Conflict of Interest Disclaimer
Attachment"D"—Allowable Direct Costs
Attachment"E"—Fee Proposal Form
Attachment"F"—Sample PSA Agreement
Attachment"G"—Sample Cost Matrix
Attachment"H"—Acknowledgement of Addenda Receipt
Attachment"I"— Acknowledgement of Contract Agreement
Attachment"J"—Minor Subconsultant Hourly Rate Schedule
Attachment"K"—OCSD Safety Standards
ND:LL:ms
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OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
020,18
-
AGENDA REPORT IWrn Number Item Number
z -
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: BATTERY STORAGE SYSTEM AT PLANT NO. 1,
PROJECT NO. FE17-03
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
The Orange County Sanitation District (Sanitation District) generates electricity and
purchases electricity from Southern California Edison on a time-of-use tariff. The tariff for
purchased electricity has a use component measured in kilowatt-hours and a demand
component measured in kilowatts. The demand charge in the summer can be a
significant percentage of the total monthly bill. The Sanitation District works to minimize
peak demand charges by reducing power usage and generating more of its own power
during peak periods.
Southern California Edison has a Local Capacity Requirements incentive program that
incentivizes two preselected and competing firms to install battery energy storage
systems downstream of power meters for large customers to reduce peak-hour demands
by using power stored during off-peak periods.
Staff intends to solicit proposals from the two competing firms to install a battery energy
storage system at Plant No. 1. The selected firm would procure, install, operate, maintain,
and manage the system. The vendor would recover their investment through Southern
California Edison subsidies, and by Sanitation District reimbursement of a negotiated
fraction of the power savings actually realized over the next 10 to 20 years.
Staff will explain the proposed project and the approach to completing it.
RELEVANT STANDARDS
• Efficiency efforts reduce the cost to provide the current service level or standard
• Ensure the public's money is wisely spent
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 1 of 1
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology
Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARS California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CIP Capital Improvement Program
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 US Environmental Protection Agency
FOG Fats, Oils, and Grease
gpd gallons per day
GWRS Groundwater Replenishment System
ICS Incident Command System
IERP Integrated Emergency Response Plan
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 & 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
PCSA Professional Consultant/Construction Services Agreement
PDSA Professional Design Services Agreement
POTW Publicly Owned Treatment Works
ppm parts per million
PSA Professional Services Agreement
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
Glossary of Terms and Abbreviations
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Interceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAW PA Santa Ana Watershed Project Authority
SCADA Supervisory Control And Data Acquisition
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SRF Clean Water State Revolving Fund
SSMP Sewer System 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
W ERF Water Environment & Reuse Foundation
WIFIA Water Infrastructure Finance and Innovation Act
WIIN Water Infrastructure Improvements for the Nation Act
W RDA Water Resources Development Act
Activated sludge process — A secondary biological wastewater treatment process where
bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume
dissolved nutrients in the wastewater.
Benthos —The community of organisms, such as sea stars, worms, and shrimp, which live on,
in, or near the seabed, also known as the benthic zone.
Biochemical Oxygen Demand (BOD) — The amount of oxygen used when organic matter
undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of
organic matter in water.
Biogas—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a
digester tank that can be used as a fuel.
Biosolids—Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farmland or further processed as an earth-like product for commercial and home gardens to
improve and maintain fertile soil and stimulate plant growth.
Glossary of Terms and Abbreviations
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 (DIT) — The dilution at which the majority of people detect the odor
becomes the D/T for that air sample.
Greenhouse Gases (GHG) — In the order of relative abundance water vapor, carbon dioxide,
methane, nitrous oxide, and ozone gases that are considered the cause of global warming
("greenhouse effect').
Groundwater Replenishment System (GWRS) — A joint water reclamation project that
proactively responds to Southern California's current and future water needs. This joint project
between the Orange County Water District and the Orange County Sanitation District provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
Levels Of Service (LOS) — Goals to support environmental and public expectations for
performance.
N-Nitrosodimethylamine (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has
been found in the 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 and Water Environment Federation, with advisory support from the US Environmental
Protection Agency. NBP is committed to developing and advancing environmentally sound and
sustainable biosolids management practices that go beyond regulatory compliance and promote
public participation to enhance the credibility of local agency biosolids programs and improved
communications that lead to public acceptance.
Plume — A visible or measurable concentration of discharge from a stationary source or fixed
facility.
Glossary of Terms and Abbreviations
Publicly Owned Treatment Works (POTW) —A municipal wastewater treatment plant.
Santa Ana River Interceptor(SARI) Line —A regional brine line designed to convey 30 million
gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean
for disposal, after treatment.
Sanitary sewer—Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban runoff.
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. The Orange County
Sanitation District's service area is in the Santa Ana River Watershed.