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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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.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 W A. A.yArd A snipsnip wry rnha6e nrAnr ni tWeIVn 'nGh lay flat 6AwAF hnnn with �-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. Orange County Sanitation District 2 of 9 Specification No. 5-2017-895BD Version 052217 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. Orange County Sanitation District 3 of 9 Specification No. S-2017-895BD Version 052217 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. Orange County Sanitation District 4 of 9 Specification No. 5-2017-895BD Version 052217 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, Orange County Sanitation District 5 of 9 Specification No. S-2017-895BD Version 052217 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. Orange County Sanitation District 6 of 9 Specification No. 5-2017-895BD Version 052217 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. Orange County Sanitation District 7 of 9 Specification No. 5-2017-895BD Version 052217 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. Orange County Sanitation District 8 of 9 Specification No. S-2017-895BD Version 052217 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 Orange County Sanitation District 9 of 9 Specification No. S-2017-895BD Version 052217 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 OPERATIONS COMMITTEE Meeting Date TOBd.Ot Dir. 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. Orange County Sanitation District 3 of 10 Specification No. S-2017-881 Version 052217 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 Orange County Sanitation District 4 of 10 Specification No. S-2017-881 Version 052217 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. Orange County Sanitation District 5 of 10 Specification No. S-2017-881 Version 052217 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 Orange County Sanitation District 6 of 10 Specification No. S-2017-881 Version 052217 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 Orange County Sanitation District 7 of 10 Specification No. S-2017-881 Version 052217 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. Orange County Sanitation District 8 of 10 Specification No. S-2017-881 Version 052217 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. Orange County Sanitation District 9 of 10 Specification No. S-2017-881 Version 052217 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 Orange County Sanitation District 10 of 10 Specification No. S-2017-881 Version 052217 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. Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3 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 Page 1 of 25 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to 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. C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 3 of 25 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: PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 4 of 25 SECTION -4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION—5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within 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, C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 5 of 25 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. C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 6 of 25 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 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 7 of 25 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. C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 8 of 25 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." C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 9 of 25 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 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 10 of 25 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 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 11 of 25 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 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 12 of 25 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 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 13 of 25 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: C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 14 of 25 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. C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 15 of 25 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 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 16 of 25 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- C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 17 of 25 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 C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 18 of 25 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. C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 19 of 25 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. C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 20 of 25 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. C-CA-011317 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 22 of 25 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 PROJECT NO. FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 23 of 25 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 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED 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 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED 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. C-EXA-080414 PROJECT NO.FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 1 of 8 B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." Payment of Escrow Agent: In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20)calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-080414 PROJECT NO.FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%)of the amount claimed under any stop payment notice under Civil Code §9350 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 PROJECT NO.FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED 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 PROJECT NO.FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 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 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED 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 PROJECT NO.FE15-07 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 CONFORMED Page 6 of 8 ATTACHMENT 1 —CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims 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 CONFORMED 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 SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT PLANT 1 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. PSA -1- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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: PSA -2- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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. PSA -4- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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. PSA -5- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 PSA -8- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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. PSA -9- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 PSA -10- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 PSA -12- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 PSA -13- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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: eCompanys eConsultantsName» «Address» eCityStateZip» 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. PSA -14- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 PSA As- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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. PSA -17- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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. PSA -18- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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 PSA -19- PROJECT NO. SP-196 Revision 091217 PROCESS CONTROL SYSTEMS UPGRADES STUDY 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.