HomeMy WebLinkAbout02-04-2015 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, February 4, 2015
Regular Meeting of the a 5:00 P.M.
Operations Committee Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
714 593-7130
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the
Clerk of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Committee Members. These reports are for information
only and require no action by the Committee.
CONSENT CALENDAR:
1. Approve Minutes of December 3, 2014, Operations Committee meeting.
2. A. Award a purchase order to Superior Electric Motor Services for the
replacement of ten (10) Toshiba HVK 12Kv circuit breakers, Specification
No. E-2014-6418D, for the Plant No. 1 Central Generation Facility for a
total amount not to exceed $176,000 and;
B. Approve a contingency of$8,800 (5%)
3. Recommend to the Board of Directors to:
A. Approve a three year real property lease, and subterranean license
agreement with an option to renew for an additional three 1-year renewal
periods, with Pacific Quality Packaging Corp to allow mobilization of a
chemical dosing station and injection of chemicals at 1355 West Imperial
Highway in Brea for a total cost of $1,250 per month, in a form approved
by General Counsel; and
02/04/15 Operations Committee Agenda Page 1 of 3
B. Approve a contingency of 15% for each renewal period.
NON-CONSENT:
4. Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Brown &
Caldwell to provide engineering design services for the Ocean Outfall
System, Project No. J-117, for an amount not to exceed $6,778,015; and
B. Approve a contingency of$677,801 (10%).
INFORMATION ITEMS:
5. Quarterly Odor Complaint Report
6. CIP Overview
DEPARTMENT HEAD REPORTS
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, March 4, 2015,
at 5:00 p.m.
02/04/15 Operations Committee Agenda Page 2 of 3
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Made E.Ayala
Clerk of the Board
(714)593-7130
mavalalglocsd.com
For any questions on the agenda,Committee members may contact staff at
General Manager Jim Herberg (714)593-7300 iherberofgocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirellitrfocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomosonaocsd.com
Director of Facility Support Services Nick Amontes (714)593-7210 narhontes0ocsd.com
Director of Operations&Maintenance Ed Tomes 714 593-7080 etorres ocsd.com
02/04/15 Operations Committee Agenda Page 3 of 3
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Orange County Sanitation District
A regular meeting of the Operations Committee of the Orange County Sanitation District
was held on December 3, 2014, at 5:04 p.m. at the District's Administrative Office.
Committee Chair Nelson called the meeting to order and Director Smith led the Flag
Salute.
A quorum was declared present, as follows:
Operations Directors Present: Staff Present:
Scott Nelson, Chair Jim Herberg, General Manager
Greg Sebourn, Vice-Chair Rob Thompson, Director of Engineering
Steve Jones Nick Arhontes, Director of Facilities Support
Lucille Kring Services
Michael Levitt Jeff Reed, Director of Human Resources
Richard Murphy Lorenzo Tyner, Director of Finance &
Steve Nagel Administrative Services
David Shawver Kelly Lore, Administrative Assistant
Fred Smith Cindi Ambrose
Tom Beamish, Boar Chair Jennifer Cabral
John Nielsen, Board Vice-Chair Jim Colston
Daisy Covarrubias
Operations Directors Absent: Raul Cuellar
Brett Murdock Dean Fisher
Norbert Gaia
Al Garcia
Dave Halverson
Kathy Millea
Victoria Pilko
Mike Puccio
Others Present:
Brad Hogin, General Counsel
Bob Ooten (Alternate Director)
PUBLIC COMMENTS:
No public comments.
REPORT OF COMMITTEE CHAIR:
Committee Chair Nelson did not provide a report.
12/03/2014 Operations Committee Minutes Page 1 d 6
REPORT OF GENERAL MANAGER
General Manager, Jim Herberg announced that OCSD will be holding two sessions for
Board Member Orientation. The first is tentatively scheduled on January 14, which will
focus on topics covered by the Administration Committee and the second on January 21
to cover topics of the Operations Committee. Commendations for outgoing Directors
will be done at the December 17th Board meeting.
Committee Chair Nelson noted that Director Levitt and Director Murdock would be two
of the outgoing Directors from the Operations Committee.
CONSENT CALENDAR:
1. MOVED, SECONDED, and DULY CARRIED TO: Approve Minutes of
November 5, 2014, Operations Committee meeting.
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
2. MOVED, SECONDED, and DULY CARRIED TO:
A. Award a contract to Tropical Plaza Nursery Inc., for Landscape services,
Specification No. 5-2014-6236D, for the period January 1, 2015 through
December 31, 2015, for a total annual amount not to exceed $148,986
with four one-year renewal options; and
B. Approve a contingency of$14,898 (10%).
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
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3. MOVED, SECONDED, and DULY CARRIED TO:
A. Receive and file bid tabulation and recommendation;
B. Award a construction contract to Jamison Engineering Contractors, Inc.,
Project No. FE12-05, for a total amount not to exceed $164,253; and
C. Approve a contingency of$16,425 (10%).
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
4. MOVED, SECONDED, and DULY CARRIED TO:
A. Award a service contract to Hoffman Southwest Corp. dba Professional
Pipe Services for Industrial Cleaning Services, Specification No. S-2014-
621 BD, for a total amount not to exceed $120,000 for the period January
1, 2015 through December 31, 2015, with four one-year renewal options;
and
B. Approve a contingency of$12,000 (10%).
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
5. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve the Service Contract with Evoqua Water Technologies LLC, for
Plant No. 2 Trickling Filters Carbon Change-Out [replacement] per
Specification No. S-2014-627BD for the purchase of up to six (6) carbon
media replacements (including carbon media, disposal, and installation),
for a total amount not to exceed $450,474 for the period March 1, 2015
through February 29, 2016, with four(4) one-year renewal options; and
12/03/2014 Operations Committee Minutes Page 3 of 6
B. Approve a contingency of$45,047 (10%).
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
6. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Consultant Services Agreement with Atkins North
America, Inc. for Final Effluent Sampler and Building Area Upgrades,
Project No. J-110, for an amount not to exceed $611,307; and
B. Approve a contingency of$61,131 (10%).
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
7. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Approve a Professional Consultant Services Agreement with Brown and
Caldwell to provide construction support services for Sludge Dewatering
and Odor Control at Plant No. 2, Project No. P2-92, for an amount not to
exceed $4,798,328; and
B. Approve a contingency of$479,833 (10%).
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
12/03/2014 Operations Committee Minutes Page 4 of 6
8. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve Settlement Agreement with South Coast Air Quality Management
District for Supplemental Environmental Project or, in the alternative, a stipulated
penalty of$240,000.
AYES: Beamish; Kring; Levitt; R. Murphy; Nagel; Nelson; Nielsen;
Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Jones; Murdock and Sebourn
NON-CONSENT:
Director of Engineering, Rob Thompson first clarified information regarding
contingincies and change orders for projects. He showed a graph of past change order
performance, the anticipated 5% change order rate and reviewed the approval process
for contingencies.
Committee Vice-Chair Sebourn & Director Jones arrived at 5:13 p.m.
Mr. Thompson then provided an informative PowerPoint presentation regarding the
Sludge Digester Rehabilitation Project P1-100, and noted a change to the
recommendation listed in the agenda. He answered questions from Committee
regarding: Digester cleaning, concrete crack repairs, digesters offline during
rehabilitation, life expectancies of digesters, costs of new digesters, type of coating
systems, replacement schedules, drying processes, centrifuge steps, tank size & shape,
holding v. working digesters, vinyl lining deficiencies and t-lock installation processes.
9. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a budget increase of $4,355,000 for Sludge Digester
Rehabilitation at Plant No.1, Project No. P1-100, for a total budget amount
of$62 892,000; $64,902,000; and
B. Approve a contingency increase of $4,355,000 (13%) to the construction
contract with JR Filanc Construction Company for Sludge Digester
Rehabilitation at Plant No.1, Project No. P1-100, for a total contingency of
$8,375,000 (25%).
12/03/2014 OPeralions committee Minutes Page 5 of
AYES: Beamish; Jones; Kring; Levitt; R. Murphy; Nagel; Nelson;
Nielsen; Sebourn; Shawver and F. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Murdock
DEPARTMENT HEAD REPORT:
Director of Engineering Rob Thompson reported that a small spill occurred today on the
Force Main upgrade project on Pacific Coast Highway near Rocky Point Pump station.
During the dewatering of a small connecting pipe, pumping to a live force main, the
hose connector came loose and an anticipated 50 gallon spill occurred. The Newport
Bay will be closed for two days minimum.
Committee Chair Nelson stated that a late public comment would be heard:
Cindy Black, resident of Costa Mesa stated her objection to and concerns regarding the
Costa Mesa Southwest Trunk Project No. 6-19.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Director Shawver referenced the Levine Act, and questioned why the claims were not
brought for approval to the Board of Directors at the previous Board Meeting. General
Counsel, Brad Hogin responded that the process had been revised by Resolution of the
Board, and explained how the new process works. Mr. Hogin also stated that if any
Director has further questions regarding the Levine Act to please contact him at any
time.
Committee Chair Nelson acknowledged Director Levitt as this will be his last Operations
Committee meeting. He thanked him for his years of service and wished him the very
best of luck in the future.
ADJOURNMENT
At 5:56 p.m., Committee Chair Nelson declared the meeting adjourned to the next
scheduled meeting of Wednesday, February 4, 2015 at 5:00 p.m.
Submitted by,
Kelly A. Lore
Secretary Pro Tern
12/03/2014 Operations Committee Minutes Page 6 of 6
OPERATIONS COMMITTEE Meeting Data I To ad.of Dir.
02/04AS
AGENDA REPORT Item Number Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director Operations and Maintenance
SUBJECT: 12KV CIRCUIT BREAKER PURCHASE, SPECIFICATION NO.
E-2014-641 BD
GENERAL MANAGER'S RECOMMENDATION
A. Award a purchase order to Superior Electric Motor Services for the replacement
of ten (10) Toshiba HVK 12Kv circuit breakers, Specification No. E-2014-641 BD,
for the Plant No. 1 Central Generation Facility for a total amount not to exceed
$176,000; and
B. Approve a contingency of$8,800 (5%)
SUMMARY
The Plant No. 1 Central Generation Facility's 12Kv circuit breakers are over 20 years
old and have reached the end of their useful life. Contact wear is at its maximum
allowable limit and continuing beyond this limit increases the risk of circuit breaker
failure. The circuit breakers currently in use are the Toshiba VK type 1 which is obsolete
and no longer supported nor serviceable by Toshiba's field service repair shop. Parts
are no longer available. Toshiba circuit breakers are the only circuit breakers compatible
with 12Kv switchgear in the Central Generation Facility. Toshiba redesigned the circuit
breaker and changed its designation to HVK. The HVK circuit breakers are
manufactured in the United States, they are readily available, and they are compatible
with the switchgear.
PRIOR COMMITTEE/BOARD ACTIONS
None.
ADDITIONAL INFORMATION
Fourteen vendors participated in the bid process. Of the fourteen prospective bidders
only three responded with formal bids. Below are the names of the responsive bidders
and their corresponding bids including the California State sales tax. The lowest
responsive and responsible bidder is Superior Electric Motor Service, from Vernon,
Califomia.
Superior Electric Motor Service: $175,888.80
Brithinee Electric: $194,680.80
Romac Supply Company: $247,248.00
Page 1 of 2
CEQA
None
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance OCSD-44 (Ordinance Article 7, Section 7.01 (B). This repair will be funded
through the Master Small Capital Replacement/Rehabilitation—M-FR-PLT Project
(Budget Update Fiscal Year 2014-2015 and 2015-2016 Support Facilities; Section 8 —
Page 120). This project will provide for the replacement and major repairs of various
plant processes and collection facilities, as well as the replacement and major repairs of
facilities that meet the criteria for capital replacement.
Date of A Rroyal Contract Amount Continftm
02/04/15 $175,888.80 8,800.00(5%)
Page 2 of 2
OPERATIONS COMMITTEE Neeing Dare TOBA.Of DIr.
OV04115 02/25/15
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Arhontes, P.E. Director of Facility Support Services
SUBJECT: PROPERTY LEASE AND SUBTERRANEAN LICENSE AGREEMENT
FOR NEW BREA DOSING SITE
GENERAL MANAGER'S RECOMMENDATION
A. Approve a three year real property lease, and subterranean license agreement
with an option to renew for an additional three 1-year renewal periods, with
Pacific Quality Packaging Corp to allow mobilization of a chemical dosing station
and injection of chemicals at 1355 West Imperial Highway in Brea for a total cost
of$1,250 per month, in a form approved by General Counsel; and
B. Approve a contingency of 15%for each renewal period.
SUMMARY
As a part of our sewage conditioning program we use chemicals for odor and corrosion
control in the collection system. Dosing systems feed chemicals at six locations in our
service area. This helps reduce corrosion and also the level of odors at the treatment
plants. OCSD property is not available for this purpose in most parts of our collection
system. Real property is sought and leased when needed. The lease associated with
the current location in the city of Brea is not being renewed by the private property
owner. OCSD found a new location close by in Brea that will work for us. This new
location will help minimize odors in La Habra, Buena Park, La Palma, Anaheim,
Stanton, Cypress, Garden Grove, and Westminster.
PRIOR COMMITTEE/BOARD ACTIONS
December 2012 — The Board approved an amendment to the existing lease, a two year
(24-month) real property lease and subterranean license agreement, with Brea Imperial
Inc. and RV Storage Depot Brea to allow mobilization of chemical dosing equipment
and injection of chemicals at 1225 West Imperial Highway in Brea, with an option to
extend for up to two additional years with up to a three percent price escalation per year
beginning December 31, 2012 and ending December 31, 2014.
December 2010 — The Board approved a real property lease, and subterranean license
agreement with an option to extend, with Brea Imperial Inc. and RV Storage Depot Brea
to allow mobilization of a chemical dosing station and injection of chemicals at 1225
West Imperial Highway in Brea.
Page 1 of 2
ADDITIONAL INFORMATION
Staff negotiated the $1,250 monthly rental fee for the new property which is $1,250 less
than we are currently paying.
OCSD has been dosing chemicals at Brea RV Storage at 1225 West Imperial Highway.
The property owner is planning to redevelop the property and will not be renewing our
lease. The proposed location is at Pacific Quality Packaging Corp. at 1355 W Imperial
Highway. It is adjacent to the Brea RV Storage site.
CEQA
The project is exempt from CEQA pursuant to CEQA's Class Class 3 Exemption for
"New Construction or Conversion of Small Structures." (CEQA Guidelines § 15303.)
This exemption applies to the construction and location of limited numbers of new, small
facilities or structures and the installation of small new equipment and facilities in small
structures. The examples listed in this exemption include a broad range of structures
such as, without limitation, up to three single family residences in urban areas and
accessory water main, sewage and other utility extensions of reasonable length to
support such construction. Here, the project calls for the installation of a single 10,000
gallon tank, a dose skid with pumps, and secondary containment. Minor excavation
work will also be required to extend existing water and power lines approximately 200
feet to the tank. As a result, the project calls for the construction of new, small facilities
and is therefore exempt pursuant to CEQA Guidelines Section 15303
BUDGET/ PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance , OCSD44. This item has been budgeted for FY 14-15 and FY 15-16
(Section 6, Page 63).
ATTACHMENT
The following attachment(s)are attached in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package:
Real Property Lease and Subterranean License Agreement
MPV:MAE:WC:eh:pe
Page 2 of 2
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SITE ACCESS AND LICENSE AGREEMENT
THIS SITE ACCESS AND LICENSE AGREEMENT ("Agreement") is made and
entered into as of , 2015 ("Effective Date") between PACIFIC QUALITY
PACKAGING CORPORATION, a California corporation ("PACIFIC"), and ORANGE
COUNTY SANITATION DISTRICT, a county sanitation district organized and existing under
the County Sanitation District Act, Health & Safety Code §§ 4700 et seq., ("OCSD"). PACIFIC
and OCSD are individually or collectively referred to herein as the "Party" or the "Parties." This
Agreement is made with reference to the following facts:
A. PACIFIC is the fee interest owner of in the real property located at 1355 W.
Imperial Highway, in the City of Brea, State of California 92821 ("Property"); and
B. OCSD is responsible for safely collecting, treating and disposing of wastewater
generated by more than 2.5 million people living and working within the County of Orange,
State of California; and
C. OCSD desires to operate a chemical dosing site on the Property, which will add
ferrous chloride and/or calcium nitrate and/or magnesium hydroxide to the sewer lines existing
adjacent to the Property for delivery within OCSD's facilities downstream of the Property
("Dosing Site"); and
D. OCSD has identified a City of Brea sewer manhole immediately adjacent to the
Property ("Manhole") as an ideal location for dosing into the adjacent sewer lines.
E. PACIFIC desires to assist OCSD in establishing and operating the Dosing Site by
allowing OCSD to access, and enter into and upon the Property.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in this Agreement,the Parties hereby agree as follows:
1. Grant of Access. PACIFIC hereby grants to OCSD, its employees, consultants,
representatives, contractors, subcontractors and/or agents ("Authorized Personnel") the right to
use, access and enter into and upon the portion of the Property set forth in the Site Plan, attached
hereto as Attachment "A" and incorporated herein by reference ("Access Area") for the purpose
of establishing and operating the Dosing Site, to access the sewer line through said Manhole, to
install conduit through the Manhole and into the sewer line, and to transport ferrous chloride
and/or calcium nitrate and/or magnesium hydroxide for delivery within OCSD's lines
downstream of the Property.
2. Dosing Site Improvements. The Dosing Site will consist of no more than two
above-ground storage tanks, and a double-wall pipe through which OCSD will transport the
following chemicals: ferrous chloride and/or calcium nitrate and/or magnesium hydroxide for
delivery to OCSD's lines downstream of the Property. OCSD represents that it will use the
sewer lines only as the transportation conduit, that the conduit will be completely enclosed, and
that no ferrous chloride and/or calcium nitrate and/or magnesium hydroxide will be allowed to
escape the conduit into the sewer line. The Dosing Site layout is presented in the Plan Views,
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attached hereto as Attachment "B" and incorporated herein by reference. OCSD may utilize
other products, chemicals, or technologies if mutually agreed upon by the Parties.
3. Cooperation. PACIFIC will cooperate with OCSD to provide access to the
Property and Access Area as may be reasonably necessary to allow OCSD to operate the Dosing
Site, so long as the same does not unreasonably interfere with PACIFIC's operations, or cause an
undue inconvenience to PACIFIC's employees, guests, customers, tenants, occupants and
invitees.
4. Term. This Agreement shall expire thirty six (36)months from the Effective Date
("Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically extend
and continue in full force and effect on a month-to-month basis unless and until terminated in
writing by either Party.
5. Utilities. Pacific shall be responsible for providing to OCSD a source of
electricity and water on the Property. OCSD shall be responsible, at its sole cost, for routing
electricity and water to the Dosing Site, and for routing discharge from the Dosing Site.
6. OCSD Promise to Pay—License. PACIFIC will bill OCSD on a monthly basis a
monthly license fee in the sum of $1,250.00, which sum shall include compensation for all
utilities used by OCSD in connection with the Dosing Site.
7. Machinery & Equipment. PACIFIC authorizes OCSD, and its Authorized
Personnel, to bring onto the Property such equipment and/or machinery as may be reasonably
necessary to establish and operate the Dosing Site, so long as such activity is consistent with the
terms and conditions stated herein.
8. Unreasonable Interference: Prior Notice. In operating the Dosing Site, OCSD
shall not unreasonably interfere with PACIFIC's operations. OCSD shall give PACIFIC no less
than three (3) business days' notice prior to its first entry upon the Access Area and the
commencement of Dosing Site activities. PACIFIC and its employees and agents shall not
interfere with, or obstruct, the Dosing Site or such entry by OCSD's Authorized Personnel, and
PACIFIC shall not cause, or permit others to cause, any such interference or obstruction.
9. Restorine Condition of Access Area and the Property. OCSD agrees: (1) to
minimize, to the extent practicable, interference with the activities of PACIFIC 's employees,
guests, customers,tenants, occupants and invitees on, and ingress to, and egress from, the Access
Area; (2) to maintain its machinery, equipment, and other materials in an orderly manner while
located on the Property; and (3) within 30 days following the expiration of the term of this
Agreement, to remove from the Access Area and the Property all debris, trash, machinery,
equipment and other materials and items used by OCSD or caused by it to be on the Access Area
or on the Property. Additionally, OCSD agrees that at the completion of each day OCSD utilizes
the Access Area, it shall restore the Access Area to as close to the same condition as existed at
the commencement of that day, to the maximum extent possible. Following the expiration of the
term of this Agreement, at its sole cost OCSD shall restore the Access Area to as close to the
same condition as existed before OCSD's first entry upon and use of the Access Area in
connection with the Dosing Site, to the maximum extent possible, and to the reasonable
satisfaction of PACIFIC. At its sole cost, OCSD shall be responsible for the proper lawful
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disposal of all chemicals, compounds, and other products and materials it brings onto, or causes
to be on, the Property.
10. Preparatory Activities. At its sole cost,OCSD agrees to assume full responsibility
to perform all relevant preparatory work as it deems necessary to establish and operate the
Dosing Site. OCSD also agrees to provide appropriate notification to, and to obtain all required
permits from,all applicable regulatory authorities in connection therewith.
11. No Nuisance. OCSD agrees that it will not maintain any public or private
nuisance on the Property, and will not allow any odors, smoke, noise or objectionable elements
to unreasonably affect PACIFIC's employees, agents, customers, visitors, or neighboring real
property occupants or visitors.
12. Indemni . OCSD hereby agrees to indemnify, defend, save and hold PACIFIC,
and its owners, partners, agents, officers, members, employees, representatives, and affiliates
harmless from, and against, all losses, costs, expenses, claims, causes of action, and damages
suffered or incurred by any of them, which may arise from, pertain to, or relate to, the negligent
acts or omissions, recklessness, or willful misconduct of OCSD or its Authorized Personnel in
connection with the exercise of the rights granted herein. OCSD's obligation to indemnify,
defend, save and hold harmless shall not apply to the extent that any such losses, costs, expenses,
claims, causes of action or damages are caused by the negligence or willful misconduct of
PACIFIC, or its owners, partners, agents, officers, members, employees, representatives or
affiliates.
13. Safety and Site Condition. OCSD shall conduct its operations in a safe manner in
compliance with all laws, including, but not limited to, environmental laws, and shall cooperate
in maintaining the site in a safe, clean and orderly condition.
14. Sole Cost of OCSD. OCSD agrees that any work or activities conducted by
OCSD on or beneath the Access Area and Property shall be at the sole cost and expense of
OCSD. OCSD agrees to keep the Property free and clear of all liens by paying off all
subcontractors before any debt to the same becomes a matter of a lien of record against the
Property.
15. Insurance. During the term of this Agreement, OCSD shall require all contractors
or subcontractors, and their employees and agents, to maintain insurance with the following
minimum coverage:
(i) Workers Compensation with California minimum statutory limits;
(ii) Automobile Liability with$1,000,000 single limit,or equivalent and,
(iii) Commercial General Liability,with $2,000,000 single limit, or equivalent
During the term of this Agreement, OCSD shall request each such contractor or
subcontractor to provide PACIFIC with a Certificate(s) of Insurance reflecting that PACIFIC is
named as an "Additional Insured" on each contractor's and each subcontractor's Commercial
General Liability, or similar, liability insurance policy.
16. Limited Access. OCSD agrees that entry upon the Access Area shall be limited to
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the extent necessary, or desirable, for the establishment and operation of the Dosing Site and/or
for the purposes expressed in this Agreement.
17. Temporary Use. The right to use and access granted herein is intended by the
Parties, and shall be construed, as a temporary right to use the Access Area to conduct the
Dosing Site upon the Property, and not as a grant of an easement or of any other legal or
equitable interest in, or to, the Property. Except as expressly set forth herein, no other rights are
created in OCSD by this Agreement.
18. Attorneys' Fees. If it becomes necessary for any Party to engage the services of
legal counsel to institute any civil action to enforce or confirm, or to defend against, or to
interpret or construe, any of provision(s) of this Agreement, the prevailing Party shall be entitled
to recover from the other Party or Parties therein all of such Party's attorneys' fees, expert
witness fees, other expenses and court costs as the prevailing party actually incurs in connection
therewith.
19. Binding on Successors. This Agreement shall be binding upon the Parties to this
Agreement, and upon their respective successors,representatives,heirs and assignees.
20. No Waiver. It is further understood and agreed that no failure or delay in
exercising any right,power or privilege hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise thereof preclude any other, or further, exercise thereof, or the exercise
of any right, power or privilege hereunder. A waiver of any right by any one of the Parties
hereunder must be in writing,and signed by the Party granting the waiver.
21. Assignability. OCSD shall not assign, or otherwise transfer, or attempt to
transfer, to any other person or entity, any of its rights herein stated, and shall not transfer, or
attempt to transfer, to any other person or entity, any of the duties or obligations herein stated,
without the prior written consent of PACIFIC, which may be given or withheld in PACIFIC's
sole and absolute discretion, and any other attempt to do so shall be void and of no legal force or
effect.
22. Choice of Law. The terns of this Agreement shall be interpreted and construed
according to the laws, regulations and ordinances of the United States of America, the State of
California, the County of Orange, and the City of Brea, as they may apply, from time to time.
23. Further Acts. For the duration of this Agreement, each Party shall, whenever
requested to do so by the other Party or Parties, execute, acknowledge and deliver, or cause to be
executed, acknowledged or delivered, any and all such further instruments and documents, and
do any and all other acts as may be reasonably necessary to accomplish the purpose and intent of
this Agreement.
24. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the Parties pertaining to the subject matter addressed herein, and
supersedes all prior, or contemporaneous, agreements and understandings, both written and oral,
pertaining to such subject matter
25. Interpretation. This Agreement will be interpreted according to the fair meaning
IN3928.1
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of its terms and not strictly for,or against, any Party hereto.
26. Modification. The provisions of this Agreement may only be amended or
modified by a written agreement executed by the Parties.
27. Authority. Each person executing this Agreement hereby warrants that he/she
has legal authority to bind the Party for whom he/she so executes this Agreement.
28. Severability. If any provision of this Agreement is held by any court of law or
equity having proper jurisdiction over the matter to be void, invalid or unenforceable for any
reason, the remaining provisions of this Agreement overall shall continue in full force and effect
without being impaired or invalidated in any way.
29. Notice. All notices or other documents (collectively "notices") given hereunder
shall be in writing and shall be addressed to the recipient and sent by personal delivery or by
overnight delivery service, such as by United States certified mail, postage prepaid, Federal
Express, United Parcel, or the like. Unless and until otherwise notified, the address of each of
the Parties for the giving of Notices shall be as follows:
If to PACIFIC:
Chris Chan, Project Manager
Pacific Quality Packaging Corporation
660 Neptune Avenue,
Brea, CA 92821
If to OCSD:
Orange County Sanitation District
Attn: Clerk of the Board
10844 Ellis Avenue
Fountain Valley, CA 92708
IM928.1
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IN WITNESS WHEROF, the parties have executed this Agreement on the date set forth below
their respective signatures.
ORANGE COUNTY SANITATION DISTRICT
Dated:
APPROVED AS TO FORM:
By: By:
James D. Herberg Bradley R. Hogin
Its: General Manager Its: General Counsel
PACIFIC
Dated:
By:
Chris Chan
Its: Project Manager
1043928.1
OPERATIONS COMMITTEE Meeting Date TOBd.ofDlr.
02/04/15 02/2s/15
AGENDA REPORT em Number Item Number
4
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: OCEAN OUTFALL SYSTEM, PROJECT NO. J-117
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with Brown & Caldwell to
provide engineering design services for the Ocean Outfall System, Project
No. J-117, for an amount not to exceed $6,778,015; and
B. Approve a contingency of$677,801 (10%).
SUMMARY
The Orange County Sanitation District (Sanitation District) has two effluent pump
stations located at Plant No. 2 to pump the treated effluent out to sea: Ocean Outfall
Booster Station (GOBS) and Effluent Pump Station Annex (EPSA). Under normal
conditions, the long outfall is used to pump the effluent five miles out to sea. Under
emergency conditions, the one-mile short outfall is used.
The COBS constructed in 1988, is the older and larger of the two stations and has a
capacity of 600 MGD. The EPSA completed in 2007, has a capacity of 360 MGD.
Declining plant influent flow from water conservation and reduction in effluent flows due
to the Sanitation District's agreement to provide secondary treated water to the Orange
County Water District (OCWD) for the Groundwater Replenishment System (GWRS),
have reduced outfall flows lower than previously projected. The existing COBS and
EPSA pumps are frequently operating below their minimum design capacities. This
causes inefficient pumping and has detrimental effects on the pumps and piping,
creating higher maintenance costs and shorter equipment life.
Additionally, OCWD is projecting the need for even more secondary treated water with
their final expansion. This will result in lower dry weather effluent flows which would
potentially be only non-reclaimable flows including OCWD brine and centrate from the
future Plant Nos. 1 and 2 centrifuges.
Several studies have been conducted by consultants to evaluate the existing equipment
and condition at OOBS. The conclusions were that the mechanical and electrical
equipment and systems are nearing the end of their useful lives.
Page 1 of 4
The Sanitation District advertised a Request for Proposal on September 23, 2014, and
two proposals were received on November 25, 2014. Based on the overall
qualifications and expertise, staff recommends awarding a Professional Design
Services Agreement to Brown & Caldwell.
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.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
General
This project will assess and rehabilitate deteriorating and/or obsolete electrical,
mechanical, structural, instrumentation, control systems, break room, and restrooms at
OOBS; assess and redesign the EPSA motor cooling system; modify the EPSA
Standby Power Facility switchgear controls for interface with the new OOBS 12.47-kV
switchgear; perform hydraulic analyses for flow scenarios for gravity and outfall
pumping, and determine the size of a new low Flow outfall pump station; construct a new
low flow outfall pump station to more efficiently pump the current and future low flow
conditions; develop new operating philosophies for the outfall pump stations and outfall
system; rehabilitate interplant pipelines (84 inch and 120 inch), junction boxes, and
overflow structures; install a new fiber optic cable between Plant No. 1 Central
Generation Facilities and Plant No. 2 COBS; and revising the conduits within the plants
to accommodate the routing revisions. The Scope of Work also includes replacement of
portions of the pumping systems and other major pieces of equipment that are at the
end of their useful lives, becoming obsolete and difficult to service.
Request for Proposal:
A Request for Proposal which describes the Consultant's Scope of Work required for
this project was advertised on September 23, 2014.
As a result, proposals were received from Black & Veatch and Brown & Caldwell on
November 25, 2014. A Staff Evaluation Committee consisting of six representatives
from Engineering, and Operations and Maintenance Departments reviewed and ranked
each of the proposals in accordance with the evaluation process set forth in Sanitation
District Board of Directors' Ordinance No. OCSD-44. A representative from the
Contracts Administration Division participated in the evaluation process as a non-voting
member. The proposals were evaluated according to the following criteria: (1) project
understanding and approach; (2) understanding of project risks and risk mitigation plan;
(3) applicable related project experience; (4) project team and staff qualifications; and
(5) estimated level of effort.
Page 2 of 4
After reviewing and scoring the proposals, the two Consultant firms were ranked
according to the score achieved. The Evaluation Committee interviewed both 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
Brown & Caldwell as the top-ranked firm as shown in Table 1.
TABLE 1
PROPOSAL EVALUATION*
Brown & Black &
Consultant Evaluator Caldwell Veatch
Reviewer A 1 2
Reviewer B 1 2
Reviewer C 1 2
Reviewer D 1 2
Reviewer E 1 2
Reviewer F 1 2
Overall Ranking 1 2
Proposal Fee $6,926,047 NA
Negotiated Fee Proposal $6,778,015 NA
Based on scores after interview
Brown & Caldwell was unanimously ranked highest by the Evaluation Committee based
on their understanding of the challenges of the project, a clear and efficient approach for
risk management that addresses Sanitation District's goals, and a highly-qualified
project team with previous experience with similar projects.
Both proposals were accompanied by a sealed fee proposal estimate. The fee proposal
of the highest ranked firm was not opened until the proposals were evaluated and a top-
ranked firm was selected in accordance with Sanitation District Ordinance No.
OCSD-44. Staff conducted negotiations with Brown & Caldwell to clarify the
requirements of the Scope of Work and their proposed work effort. During the
negotiation meetings, the project Scope of Work, level of effort, and assumptions were
discussed and clarified as required for the completion of the Scope of Work for the
project. As a result of these negotiations, Brown & Caldwell submitted a revised fee
proposal.
Based on the above, staff determined the final cost proposal to be fair and reasonable
for the Scope of Work and recommends awarding the Professional Design Services
Agreement to Brown & Caldwell.
Page 3 of 4
CECIA
Notice of Exemption was filed on April 30, 2014.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with the authority levels in the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY 2014-15, Section 8, Page 86)
and the project budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
Draft Professional Design Services Agreement
VP:dm:gc
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PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 25" day of February, 2015
by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as
"SANITATION DISTRICT", and BROWN AND CALDWELL, for purposes of this Agreement
hereinafter referred to as "CONSULTANT'.
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for Ocean
Outfall System Rehabilitation, Project No. J-117; and to provide Design services for the
assessment and rehabilitation of the deteriorating and/or obsoleted electrical, mechanical,
structural, instrumentation and control systems at the COBS; evaluate space utilization at the
COBS; assess and redesign certain mechanical and instrumentation and control systems at
EPSA and EPSA Standby Power Facility; perform hydraulic analyses to design and construct a
new oulfall pumping facility; rehabilitate interplant pipelines,junction boxes and overflow
structures, and install a new fiber optic cable between the plants.
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 a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on February 25, 2015 the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee pursuant to
SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-44 to approve this
Agreement between the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment "A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has 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 work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CAD work from any other non-standard CAD 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
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 SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or
recommended under this Agreement allow for competitive bidding. The
CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not
design plans and specifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a specific
product or equipment for competitive procurement, such recommendation shall
include at least two brand names of products that are capable of meeting the
functional requirements applicable to the project.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Six Million Seven
Hundred Seventy Eight Thousand and Fifteen Dollars ($6,778,015). 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 Suboonsultants
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.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment"E"- Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
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. 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
htti):/Iwww.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.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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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.
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.
[REVISED PER ADDENDUM NO. 1, ISSUED OCTOBER 24, 2014]
H. 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.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2- COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%) of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
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
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 6 of 19
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work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or
causes to be presented to an officer or employee of the SANITATION DISTRICT
a false claim or request for payment or approval; b) knowingly makes, uses, or
causes to be made or used a false record or statement to get a false claim paid
or approved by the SANITATION DISTRICT; c) conspires to defraud the
SANITATION DISTRICT by getting a false claim allowed or paid by the
SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or
used a false record or statement to conceal, avoid, or decrease an obligation to
the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission
of a false claim to the SANITATION DISTRICT, and fails to disclose the false
claim to the SANITATION DISTRICT within a reasonable time after discovery of
the false claim.
5. PREVAILING WAGES
To the extent CONSULTANT intends to employ employees who will perform work during
the design and preconstruction phases of a construction contract, as more specifically
defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing
wage requirements with respect to such employees.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk flies, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
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.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 8 of 19
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B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage:
Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars
($2,000,000) aggregate. Said insurance shall include coverage for the following
hazards: Premises-Operations, blanket contractual liability (for this Agreement),
products liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground) 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.
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
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 9 of 19
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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
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:
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 10 of 19
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• 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 10 01 and CG 2037 10 01
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier 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 (5/2010) 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.
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.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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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.
8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 12 of 19
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9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2-
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered enginee and a staff of
specialists and draftsmen in each department. The firm itself is not a re ed
engineer but represents and agrees that wherever in the performance of t Agreement
requires the services of a registered engineer. Such services hereunder will be
performed under the direct supervision of registered engineers.
11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3)years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 13 of 19
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be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Natasha Dubrovski, Principal Contracts Administrator
Copy: Victoria Pilko, Project Manager
Notices shall be mailed to CONSULTANT at:
BROWN AND CALDWELL
18200 Von Karmen Avenue
Suite 400
Irvine, CA 92612
Attention: Dan Bunce, P.E., PIMP
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty(30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13- NOTICES.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 14 of 19
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15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
16. COMPLIANCE
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all federal, state and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or 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 it may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2)future activities, 3)
potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
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21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
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
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 16 of 19
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of this Agreement are contractual and the result of negotiation between the parties
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified 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. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
[REVISED PER ADDENDUM NO. 1, ISSUED OCTOBER 24, 2014]
25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies
and procedures including the Safety Manual, as applicable, all of which may be
amended from time to time.
26. 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
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 17 of 19
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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 this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
27. 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.
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 18 of 19
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IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: BROWN AND CALDWELL
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By MASE
air, Board o ctors Date
By
Maria E. Ayala
Clerk of the Board Date
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments: Attachment "A"—Scope of Work
Attachment "B"—Labor Hour Matrix
Attachment "C"— Not Attached
Attachment"D"—Allowable Direct Costs
Attachment"E"—Fee Proposal
Attachment "F"— Not Attached
Attachment "G"— Not Attached
Attachment"H"— Not Attached
Attachment"I"—Cost Matrix and Summary
Attachment"J"— Not Attached
Attachment"K"—Hourly Rate Schedule for Minor Subconsultant
[REVISED PER ADDENDUM NO. 1, ISSUED OCTOBER 24, 2014]
Attachment"L"—OCSD Safety Standards
NKD:yp
PDSA PROJECT NO.J-117
Revised 060214 OCEAN OUTFALL SYSTEM REHABILITATION
ADDENDUM NO.1
Page 19 of 19
OPERATIONS COMMITTEE Meeting Date To BA.of Dlr.
02,04,15 --
AGENDA REPORT em number Item Numbe
s
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
Information Only.
SUMMARY
During the second quarter of FY 2014115 Plant No. 1 had one odor complaint, Plant No.
2 had six odor complaints and the collections system had eleven odor complaints
attributable to OCSD. A brief summary of the odor complaints with a table tracking the
history is included as an attachment.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachments) are provided in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package and attachments:
• Fiscal Year 2014/15 Second Quarter Odor Complaint Summary
Page 1 of 1
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Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2014/15 — 2nd Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received one attributable odor complaint. The complaint was initially routed to the
Collections team with the assumption that the odor was coming from a sump pump located near an
influent trunkline. During their field visit, staff were unable to detect the odor source, however
operations conducted an odor circuit of the plant processes and provided a follow-up with a call
back on the complainants. It was observed that the plant was under the normal operational range
and conditions.
2. Plant No. 2 Treatment Facility Odor Complaint Summary
Plant No. 2 received six attributable odor complaints during this quarter. The common odor
identified by residents was described as a rancid chemical-like smell. Staff responded to each
resident location but were not able to detect odors. Staff conducted an odor circuit of the treatment
facility and detected fugitive odors at the dewatering facility. Staff took the necessary actions such
as closing perimeter doors and verifying the dewatering scrubber operation to mitigate this odor
source.
3. Collection Facilities Odor Complaints—Second Quarter FY 2014/15
OCSD received eleven attributable odor complaints due to the collection system. Based on our
current upstream sewage conditioning program, our goal for level of service is 34 or fewer
complaints attributed to OCSD.
4. All Odor Complaints Tracking
2""otr 1' Otr Cumulative FY
Oct.2014 to Dec.2014 FY FY 14/15
14/15 14/15
All Public Complaints Collections P1 P2 Total Total Total
Attributable to 11 1 6 18 16 34
OCSD
Not Attributable to OCSD 5 1 0 6 11 17
Total Public
Complaints 16 2 6 24 27 51
Received:
OPERATIONS COMMITTEE Meeting Dare To ad.of W.
ozroa/os
AGENDA REPORT Item Number Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: CIP OVERVIEW
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Staff will present an informational overview on the Capital Improvement Program (CIP).
The presentation will illuminate the process by which projects are created, designed,
and constructed.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
N/A
RT:KM:sa:gc
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
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control 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 and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know 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.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Glossary of Terms and Abbreviations
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.